If the judge gives one parent sole physical custody and the other parent takes them to live with them, is that illegal or against the courts?
If the parent who was granted sole physical custody does not agree with the other parent taking the children to live with him/her, yes, it is violation of a court order and that parent can be ordered to return the children to the parent who was granted custody. You would have to flie a motion for contempt, asking the court to find that the taking parent has disobeyed a court order and ordering the children to be returned to the parent who was granted custody.
In addition to filing a motion for contempt, depending on the length of time that a parent has been deprived of custody, the actions of the other parent may rise to non-custodial parental kidnapping. I would recommend that you speak with an attorney on this matter.
Please be advised that any information or advice given herein does not constitute an attorney client relationship. Further, before taking any actions or deciding not to take any actions, you should seek counsel of an attorney. This forum cannot provide you with the anyalysis and detail necessary for a full and accurate opinion to be rendered.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline