Ex Wife took my son out of state without permission

[Kim Wilson]

I live in Kansas, and my ex wife, and her new husband took my son out of state without my permission, or a court order. Now she wants to garnish my disability for child support. Do I have any recourse?

 

[I AM ALWAYS LIABLE]

I live in Kansas, and my ex wife, and her new husband took my son out of state without my permission, or a court order. Now she wants to garnish my disability for child support. Do I have any recourse?

My response:

Not really, unless there was a previous child custody order in your favor. Otherwise, a parent has every right to take their child anywhere they want.

If she has filed a Petition for Custody in that other State, you could then fight the action in the State where she took the child - - if that State's residency requirements have been met. Or, if this happened less than 60 days ago, you could file your Petition for custody in Kansas.

See an attorney ASAP.

Good luck to you.

IAAL

 

[TBTN]

IAAL

I thought that a custodal parents are required to notified the non custodal parent and the court about the plan to move in order to show cause to move to another state and to determine the visitation plan?

 

[I AM ALWAYS LIABLE]

IAAL

I thought that a custodal parents are required to notified the non custodal parent and the court about the plan to move in order to show cause to move to another state and to determine the visitation plan?

My response:

Not unless there's a current court order for custody. When there's already an order in place, then the custodial / moving parent MUST, by law, inform the non-custodial parent with sufficient time prior to such move-away.

Until there is a custody order in place, either parent can take the child. The presumption I made was because nothing else was mentioned in the post, and that these two people had split up, but haven't been to court for custody, visitation, or child support orders. That presumption was extrapolated from our writer's statement that she is out of State with the child, and is now suing him for child support.

IAAL