What can happen if a woman was given custody of her son but the case is still open and she leaves the state KY
109029
A violation of order can be issued that will summons her back to court.  If she does not return to court, either a judge can rule against her and Social SErvices may take the child, or the judge may issue a bench warrant to bring her back to court to answer the summons.\n\nAll states are different of course, this has just been some of the cases I have seen in New York.
1184693
unfortunately, even if you had sole custody of your daughter, you may not be able to leave the state without a court order specifically stating that you have permission to do so...\n\nsad but true
589896
He's a convict, she doesn't have much to worry about legally.  There's no chance (almost...) of her being brought to trial on a perjury case, but he might be able to do something in civil court... honestly if she has a new car she should give the car in question back just because it won't be worth the hassle.  Remember it's up to the distric attourney whether or not to bring criminal charges, and he's not likely to get involved in a family dispute like this...\n\nEven in the very obscure possibility that the DA did even consider the case, he won't prosecute for one very good reason.  The case would be based on one thing, the word of a convict against the word of your neice, her mother, and her grandmother.  DA's don't prosecute cases they know they can't win.
991150
Actually, you and your husband should have full custody of your child, since the Mother was incarcerated.  \n\nThe Mother has to have a "permenant" address, in which to file, for joint custody, and that is only going to be on the weekends and maybe time in the Summer for vacations.\n\nYour child, if he/she is old enough can elect not to go to the Mother, for vacations as she may pose a danger to them, (if she is on drugs or some other thing that may be a restriction).\n\nCheck with your lawyer and see what your "rights" are, and what her "rights" may be...\n\nI wish you well..\n\nJesse
505587
Contact the court that issued the custody order and motion the judge for a hearing on custody.  You will then be able to present your case to the judge and do provide proof for your mother's perjury.  Change of custody is rare.  The court usually are very careful in awarding custody.  Why did you transfer custody to your mother?  You gave her the in to your child.  Have you been arrested for using drugs recently?  Be ready and present your case to the judge.
506777
Hmmm...she better return to MI asap...if that is where they lived together as man and wife.  I lived in MI and they are very strict about both parents living in the same state so that the child always has access to both parents.  If she left the state, that is probably a point in his favor as far as custody goes.  I also went through this same thing with a friend of mine but she never left the state.\n\nRegardless of who gets custody, if the case is decided by Michigan, both parents will have to reside in that state...UNLESS one parent agrees that the  other may leave and the court approves it.  My friend has custody of their kids but the ex will not give permission for her/them to leave the state so the court says she must stay...even though it is documented (in police reports and court records) that he abused her.  MI wants both parents to have access to their kids.\n\nYour friend better get an attorney who knows MI child custody laws even if she has to return to MI to do so.  If she wants to keep her daughter, she needs to do whatever it takes.
113182
usually its both till one of you go and get custody. but in the meantime if one or the other leaves and takes the child with him/her nothing can be done if no custody is awarded because legally that person has the right. possession being 9/10 of the law
740371
If they were never divorced ( and the father may well have had a divorce did that the mom did not know about)\n\nBut if they are stll married, she can sue for divorce, and ask for part of the money.  ( she should get an attorney)
1049914
It depends, first, on what the judge's order says, if anything, about it. Then it depends on state law, and you don't say what state.\n\nIn general, if the mother has to move out of state to get or keep a job or to be near persons she needs for support, she would be granted permission, but she should ask for it.\n\nArrangements for continued visitations would be a crucial part of any proceeding.
1100610
She needs to talk to a lawyer. Unless the court has said that she cannot see her daughter, then he has no right to hold her away from her mother. She can go and pick up the girl and take her to lunch and hang out with her away from the new husband, but she has every right to see her daughter! Go to a lawyer and fast! If she already has one, then have her call him/her. That is what they are getting paid for!
188206
yes court would be the only option most likely.  you could try talking to the mom, but most likely won't work. personally, I'm the mom and have the opposite.  good luck!
593729
check with your lawyer before going. i have family that are divorced and they have to sign forms allowing their kids to leave the state even for a short amount of time...be safe.
350303
No! \nThe court will decide ultimately where a child is placed taking into account the child's safety and well being, it may well be stated that the child would and be better placed with the person that he knows ie, the Mothers friend after an aproval inspection and social investigation\nmay be accepted, but the court wil have the final say.\nHope this helps, keep that child safe.\nGood luck!
344064
As long as she (the daughter) doesn't have residency established at that house then she has no right to be there. If the mother did tell the police that she was not allowed there then she needs to call them and let them know that she threatened to come over. She would then be considered trespassing. If she takes anything from the house it would be burglary. Even if the items belong to the daughter the mother doesn't have to give the items to her. There are so many things the daughter can get in trouble for legally if she steps even one foot on that property. The best thing to do would have the mother talk with the police again and explain that the situation is getting worse. There are always options and the local police can explain in better detail.
83316
Probably yes.  After completion of anger control, domestic violence counseling, and any jail time.  \n\nBut if mom can show that ex is a threat to kids, she can take out a restraining order against him.  \n\nIf ex can convince the judge that he's changed, he is sorry for what he did, and still genuinely care and love the kids, he may be able to get supervised visitation rights.
298040
You definitely need to contact somebody... Try starting with your local DVACK shelter... DVACK is for domestic violence... Tell them that you are scared for yourself and your child and get a protection from abuse order, he won't beable to come near you or the baby, and you can get your court proceedings started from there. you definitely need to talk to your local SRS office and tell them you want to start the custody to make sure you have residential custody, because if you don't, he has every right to that child just like you do.  He will beable to take her and there is nothing you can do to get that child back until you go through court and ask for visitation. That can take months to do, if he gets the child before you start the proceedings,and no child should go months let alone days without seeing their mother. If you hurry and do that, if he does take the baby, they could then issue an Amber Alert and put his butt in jail! Good luck, but act FAST, seriously!!!!!!!
793924
She will have to prove to the courts that she and the daughter would be better off moving. Most courts won't look kindly upon her picking up and moving without a guaranteed job wherever she is moving to. Tell her to get her ducks in a row, then issue a written 30 day's notice to the father outlining the wheres and whys of the move. If he fights it, she'll at the very least be equipped with a good arguement.