Kids Moved Out of State with out consent of other parent.

[Griggs619]

Jurisdiction

California

Short Story Attempt: father of girlfriend's kids moved the children from California to Texas with out her knowledge. He continuously harasses, sexual and not, her via phone/text. Every time she refuses to give in to his conversation on their relationship or sexual advances he prevents her from being able to see or talk to the kids via Skype or phone. What can she do and how will this affect the obtaining of custody?

 

[army judge]

If there is an existing custody order, her remedy is before the judge who issued the order.

If there is no custody order, and the father and the mother were never married, she should contact your local police and see what help the police might give her.

 

[Griggs619]

There is currently no custody order. According to a police report filed the day of the incident, do to that lack of custody papers the father is entitled to the kids but I thought he wouldn't be able to leave state lines with out the consent of the mother.

 

[cbg]

If there is no court or custody order, he can take the kids anywhere he wants to with or without her consent. The parents stand equal in the law until a court says they don't. If Mom wants the kids then Mom needs to get her backside into a court and file for custody.

 

[army judge]

There is currently no custody order. According to a police report filed the day of the incident, do to that lack of custody papers the father is entitled to the kids but I thought he wouldn't be able to leave state lines with out the consent of the mother.

Were the father and mother ever married?

Are the mother and the father now divorced?

How long have the mother and father been divorced?

Are the mother and father still married?