Experience navigator needed

Submitted by saseaforth on Mon, 09/13/2010 - 15:44

     Can anyone help guide my next move.  I recently learned that my spouse has been requested to leave her last know address (with her family), in another state, and has allegedly gone on to Calif or whereabouts unknown.  So far she failed to apear at the first custody conference and the judge has set a hearing for December of this year.  I haven't been permitted to know anything about our son for several months.  Do I just sit and wait until December or is there another set I can make? 

I'm not sure of what type of agreement you have?

But I would do research on Parental Kidnapping.

Filing contempt charges may be another possibility.

If you do file contempt and manage to get her served the paperwork, file emergency petiton to modify as well.

I'am not a lawyer but had a similiar instance happen in the past and that is what a attorney I called suggested.

I would definately call a  lawyer in my case I had to go the hard road alone.

If she has ALREADY left the jurisdiction of the state where your custody agreement is filed -  then file an immediate EMERGENCY PETITION FOR  CONTEMPT OF CUSTODY.  FYI... Most custody agreements and the state of PA only require 30 days advance notice for such a move. 

I would also file for a Modification of Support to terminate support.  While this is a very drastic move and I know you want to support your son - terminating support will make your ex appear "out of the blue" quicker that just with a custody issue.  When you cut off the funds - she will show up. 

Be patient with the system because nothing to the courts seems to be an emergency these days.  So when you have a court date in December, keep in mind its around the corner.  Stay strong and be the good parent.  Write your son every night in a journal.  Call you ex's cell every day to talk to your son - keep a call log and if you are denied.  You love your son and he loves you - nothing will break that bond.

-Bill