Spouse moved child out of state

[flash2go]

My spouse placed an injunction against me. The temporary injunction for 15 days prior to the final injunction says the kid is not supposed to be moved out of state. After final injunction (with No contact/visitation - spouse has my child), spouse moved my child out of state for 2 times for/in 4 months without the court's permission or my consent. I filed a motion to drop the injunction soon. What should I ask the judge? Is my spouse in contempt of court and ask the judge to hold/arrest my spouse for contempt? My spouse also filed for a divorce for which I filed a counterpetition and the hearing for is not set yet.

What are my options?

Thanks!

 

[Duranie]

You need to file for custody and for return of the child. Did she file for divorce before she left the state?

 

[flash2go]

You need to file for custody and for return of the child. Did she file for divorce before she left the state?

No, she moved the child to another state back and forth for a couple of times even before she filed for the divorce. However, in the divorce papers, she stated the date of separation as one that is prior to moving my child out of state and also, we were living here in FL for less than 6 months when she moved him out of state and now that it is 6 months, she filed for a divorce - just so you know.

The final injunction order does NOT say anything about moving the child across states. I spoke to the court clerk and they don't know anything as to what that could mean and advised me to ask the Judge. Only the temporary injunction says neither parent is allowed to move the child out of state until the final injunction hearing.

What are my rights? Can she move my child out of state when I am still here? She is a traveling consultant and goes to other states/overseas every week and returns over the weekend and sometimes stays in her work state for more than a week.

1. Can I get custody of my child if I tell the judge she is a traveling consultant and has no stability and stayed with my child at a hotel for a few months in another state?

2. Is she allowed to leave the state and leaving my child at her aunt/uncle's place when I am right here in this state (even though with no contact/visitation as per the injunction)? Child staying with her aunt/uncle was not addressed in the injunction other than that he/she visit their place so I am not supposed to go to their place. When we were together, the child always stayed with us (never at her aunt/uncle's place even though he visited them for a couple of hours almost every evening and come back home). Her aunt/uncle are too old/weak 66-76 years with obesity and cannot handle a kid or rescue him from any dangerous situation.

3. What do I need to file? Any motion and what should it typically say?

4. Can she be held in contempt of court for moving my child out of state without court's permission or my consent?

Thanks much...

 

[flash2go]

However, in the divorce papers, she stated the date of separation as one that is prior to moving my child out of state - just so you know.

 

[irish223]

With the no contact/no visitation, this is a moot point. How would you expect to get custody of a child that you are not allowed to contact or visit?

 

[irish223]

However, in the divorce papers, she stated the date of separation as one that is prior to moving my child out of state - just so you know.

If she maintains a permanent residence in Florida, then her business trips are only business trips. Also, since you have lived in Florida for six months, then she was correct to file for divorce there, even if she did not meet the residency requirements.