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Non-custodial parent runs out of state w/child. How can custodial parent get child back?

Asked over 2 years ago - Detroit, MI

A Non-custodial parent (mother) took her 3 yr old child from MI to NJ in the middle of the night while on "parenting time". She has no intention on returning child to resident state or custodial parent and insists "she'll" work something out with custodial parent so he can visit!
She disregarded the 100 mile rule as set forth on custody paperwork and now custodial parent is in a quagmire of red tape because the other state does not seem to recognize nor care about his custodial rights . What can be done?

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Attorney answers (1)

Starla D. Zehr

Reputation Level 10

Answered almost 2 years ago. Family Law Attorney in Waterford, MI.

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The other state is required by law to recognize a valid custody order but you may need to register the court order with the county in which the child is now located. It is critical that you immediately hire counsel to file a motion with the current court that has jurisdiction and notify mother of the motion for immediate return of the child. You should also file a police report since this is a form of kidnapping, and is certainly violative of any existing custody or domicile order, subject to court contempt sanctions.

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