This mother is telling the father that she's marrying one of many boyfriends, and she's moving their kids out of state to the new husband's military base without the court's consent. The father has joint custody and is VERY active in his young children's lives. If she does take the kids with her, without going to court, what should the father do from there? File kidnapping charges? Is there anything the military can do to return them to the father?I understand that years ago, she would have been charged with kidnapping and a BOLO would have been issued. Is that true today?To answer a few questions, yes there is a strict geo. restriction, the judge enforced it with each hearing bc the mother asked to removed it at each one. It allows her to live within 3 counties. She may just leave with the kids without notifying the father this week. If this were to happen, what is the next step? That's what we wanted to know because so far, she hasn't moved.
File a Motion for Enforcement and Contempt...possibly an emergency petition if she is about to do so. Getting the military involved will probably slow the process. You should contact a local attorney to help you through the process as the procedures must be followed strictly to merit a contempt order.
In addition to the enforcement action Mr. Nilsson suggested, if the father currently resides within the geographic restriction I would suggest a motion to modify custody so the child can stay with the father and mother is free to go wherever with whomever she pleases, but the child stays in Texas.
This information is not, nor is it intended to be, legal advice and does not create an attorney-client relationship. You should consult an attorney of your choosing for advice regarding your individual situation.
The first question we have to ask is was there a geographical limitation in the Order. If so then know that the Court can't stop her, but it can stop the child from leaving. See a lawyer immediately to,review and act before they leave,
Father needs a local attorney who is familiar with the court- asap! Be prepared.
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You can file a motion to modify custody now based upon her stated intention to move.
You can't file a motion for enforcement (contempt) until and unless she violates the order. At that point you will need an attorney. The good news is that if he is in the Army they should be easy to track, and I doubt that he is going to want to do anything to get himself in violation of the UCMJ/military law.
Ms. Laster practices in Dallas, Denton, Collin and Tarrant Coun
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