Removing child from state

[mrlu809]

My ex removed my son from CT and moved to MI with out letting me know. I currently pay child support and i spent every weekend with my son and I even spent time with my son after work on week days. I have filed a custody motion and I mailed the paper work so the marshals in MI can serve my ex, but she keeps avoiding them and not calling the marshals back so she can get serve. Any help would be greatly appreciated. I have already been to court and they dismissed me due to the fact that my ex didn't show the first time i had her serve due to her avoiding the marshals.

 

[army judge]

My ex removed my son from CT and moved to MI with out letting me know. I currently pay child support and i spent every weekend with my son and I even spent time with my son after work on week days. I have filed a custody motion and I mailed the paper work so the marshals in MI can serve my ex, but she keeps avoiding them and not calling the marshals back so she can get serve. Any help would be greatly appreciated. I have already been to court and they dismissed me due to the fact that my ex didn't show the first time i had her serve due to her avoiding the marshals.

You might want to discuss other options with law enforcement.
I'm not sure a CT judge can compel her to return to CT from MI to answer to your motion before a CT court.
YOU might have to travel to MI to be heard before a MI court.
The problem then becomes, does a MI court or can a MI court hear the matter?
As far as service, that's the least of your worries.
It's very sad when parents do this.

 

[txls]

You don't clearly state what the current orders are. You mention paying child support and spending time with your child, but what exactly are the current orders?
Usually one parent has the right to designate the child's residence. There may or may not be restrictions on that. If there are no restrictions and she has the right to designate, then the only violation would be the requirement of the ex to notify you of her change of address. You really need the advice of an attorney in your state and you man even have to get an attorney in the other state.

 

[Betty3]

Agree - I would get an attorney involved (an attorney's help). Good luck.

 

[Proserpina]

My ex removed my son from CT and moved to MI with out letting me know. I currently pay child support and i spent every weekend with my son and I even spent time with my son after work on week days. I have filed a custody motion and I mailed the paper work so the marshals in MI can serve my ex, but she keeps avoiding them and not calling the marshals back so she can get serve. Any help would be greatly appreciated. I have already been to court and they dismissed me due to the fact that my ex didn't show the first time i had her serve due to her avoiding the marshals.

While advising that you should see an attorney is excellent guidance, I'd like to go a little further.

The elephant in the room is jurisdiction. If Dad filed in CT, it will be a moot point unless Mom has been gone for an extended period. But if he's filed in MI, it's going to be the cause of many headaches.

So let's assume that CT does have jurisdiction, and Dad has filed properly. CT can (and usually will) indeed order Mom to return the child to CT pending the outcome of the matter.

You've filed for custody. You want the child to stay in state. With no aggravating or mitigating factors, what happens is that the court has only two options available.

1. Allow the relocation or,
2. If the parent moves anyway, switch custody to the other parent (you). It really is that simple.

I do think Mom has made a truly staggering error of judgment. In CT, the relocating parent (that's her) has the burden of proof to convince the court that the child should be relocated. She also has to show the court that the move is in good faith. Well, she is actively and willingly trying to hide your child and get rid of you and that's just about the worst thing she could have done.

So here's what I think I'd do if it were me: I'd print off this huge pdf file http://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/ParentalRelocation.PDF , and high-tail it to an attorney the soonest you can.

(another quick note: while some orders do include giving one parent the right to determine the child's residency, they generally refer to in-state or in-county moves - out of state moves are a different animal)