Child & Ex-Wife Moved 3000 Miles Away without written consent
2 attorney answers
How long ago was the move? When did the husband find out about the move?
If these events happened within the last few months, he likely should look into filing appropriate motions/petitions with the court in WA. If the court still has jurisdiction, the court may order the child to be returned to WA.
Without knowing more about the situation, no one can comment specifically about the situation. For help that is specific to his situation, your husband may want to review his facts and options with an attorney.
Note that I am not licensed to practice in your state, only in MA.
It depends on what you mean by 100% custody. Do you mean legal custody? Physical custody? Did the father have visitation rights?
If he had no visitation rights or did not excercise those rights for a long period of time, then he has no cause or basis to contest them moving. However, if he was granted visitation and now, cannot visit due to the move, then he can contest the move. However, at least in MA, the courts will allow the mother to move with a child if it's for a good cause and the mother can show that she's going to a better place.
Sign up to receive a 5-part series of useful information and advice about child custody law.