Child's Mother Moving Out of State

[SmivvyBeats]

Jurisdiction

Rhode Island

I am currently involved in a custody dispute with my child's mother. She has temporary custody while the court case is pending. I have been granted visitation once a week through the court. There is a civil restraining order in place that says I'm only allowed to contact my ex through email with issues involving my daughter. My ex has done everything she can to deny my visits and make it as difficult as possible to see my daughter. She moved an hour away with her boyfriend (In the same state). Recently I started to receive emails from him. He makes up stories of me threatening him and his family and threatens to take me to court. He constantly emails me trying to get me to argue with him. I've only responded with the facts of what's happened. I've asked him not to contact me anymore.

After My last visit with my daughter, I received an email from her boyfriend saying that after my ex picked up my daughter she left him and moved out of state. I'm not sure what to do. Can she legally move out of state with my daughter? What recourse do I have?

 

[mightymoose]

If there isn't a current custody order preventing her from moving then nothing is stopping her.
This could potentially work in your favor later, but you will have to work your way through the process and get a new order.
You are still entitled to your visits. If you are unable to contact her and miss your visitation time you should make a report every time. If for some reason police won't take a report then do yourself a favor and keep a journal and track all communication and visitation. Her failure to comply with existing orders will work against her.

 

[SmivvyBeats]

If there isn't a current custody order preventing her from moving then nothing is stopping her.
This could potentially work in your favor later, but you will have to work your way through the process and get a new order.
You are still entitled to your visits. If you are unable to contact her and miss your visitation time you should make a report every time. If for some reason police won't take a report then do yourself a favor and keep a journal and track all communication and visitation. Her failure to comply with existing orders will work against her.[/QUO

If there isn't a current custody order preventing her from moving then nothing is stopping her.
This could potentially work in your favor later, but you will have to work your way through the process and get a new order.
You are still entitled to your visits. If you are unable to contact her and miss your visitation time you should make a report every time. If for some reason police won't take a report then do yourself a favor and keep a journal and track all communication and visitation. Her failure to comply with existing orders will work against her.

Thank you for your response. I have been denied visits for no reason at all recently. The police have been no help, what I've done each time is send an email to my ex directly stating that she has violated the court order in place by denying my my visit with my daughter. She just tells me I'm wrong

 

[army judge]

Thank you for your response. I have been denied visits for no reason at all recently. The police have been no help, what I've done each time is send an email to my ex directly stating that she has violated the court order in place by denying my my visit with my daughter. She just tells me I'm wrong

You need a lawyer.
Yes, a lawyer will cost money.
But, is that too much to bear to remain in your child's life?
That's a call that you alone must make.
As you've seen, without a lawyer, everyone ignores you.
You are being squeezed out of your child's life.

 

[Scorpio0823]

You would have to talk to your lawyer. I don't know about Rhode Island but usually she MUST file a petition for relocation. She cannot just leave even if there is an order or not. You have to file for custody if there is no order in place. Out of states issues are very hard and you have to get a lawyer to make sure you do things right. We had the same situation. So I know exactly what you are going through.

 

[mightymoose]

Lawyer or not, you need to go through the process again to get a new custody order. Keep a record of everything that happens until then.
Do you even know where she is and have address and phone number? If you don't have that information consider reporting your kids as missing persons.

 

[leslie82]

You would have to talk to your lawyer. I don't know about Rhode Island but usually she MUST file a petition for relocation. She cannot just leave even if there is an order or not. You have to file for custody if there is no order in place. Out of states issues are very hard and you have to get a lawyer to make sure you do things right. We had the same situation. So I know exactly what you are going through.

If there's no order stating that yet then she can move out of state. Crappy but she can.

 

[mightymoose]

In California we have a couple laws regarding intentional concealment of the child. I would assume RI has something similar.
If mother moved, took the kids, failed to adhere to established visitation, and has not provided residence and contact information to the father then that argument against her can be made. It's the angle I would pursue if contacted about this... Assuming he does not know where they are.

 

[SmivvyBeats]

In California we have a couple laws regarding intentional concealment of the child. I would assume RI has something similar.
If mother moved, took the kids, failed to adhere to established visitation, and has not provided residence and contact information to the father then that argument against her can be made. It's the angle I would pursue if contacted about this... Assuming he does not know where they are.

I do not know exactly where they went. I just know they went to Maine to stay with her family. I have her cell number but only contact her via email so that all communication can be documented. I have emailed her about my next visit with my daughter but have received no response. We have already been to court twice for the custody case but it keeps getting continued by her lawyer. The next court date is in a couple of weeks.

 

[mightymoose]

If it were me I would contact local law enforcement and report them as missing. Also provide them with a copy of the custody/visitation order if you are missing visitation or there are any other violations of the order.
If you do not know where your children are then they are missing, and you don't want to violate a restraining order trying to search for them. Let the police locate them for you. It's their job. Don't take no for an answer regarding the missing person report. If you get a lazy officer who doesn't want to take a missing person report then contact the supervisor on duty- it is unlawful to refuse a missing person report.