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  1. #1
    Join Date
    Mar 2011
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    8

    Default Children Taken to Another State by Ex-Wife Against Custody Papers

    My question involves a child custody case from the State of: Texas
    My son-in-law has joint physical custody of his two kids (week on, week off leavingin the same area with the same school)
    Custody papers state they meet at a set location to exchange kids, have equal rights to all aspects of the kids lives, no child support paid, and phond access every night.
    Kids cannot be taken out of state and must remain within 200 miles of spouse's current address unless a writtne request is given with a 60 notice and aprrived in writing and file with the court.
    He got a call last Thursday from the school asking why the kids had not been in school all day. He had just spoke to them the night before but all phone conversations are obviously coached die to all the delays to answer.
    He called his lawyer and was told to call the police. She lives with her boyfriend, her affair with this guy ended the marriage but that is another story).
    Police could not find her or the kids. We were all in a panic mode as she has threatened to take the kids in the past.
    We found out where they were when she posted on her Facebook to her friends (we are all blocked) that they were at Disneyland in California. His lawyer called her lawyer to demand to know where the kids were.
    He gets a phone text from her to check his mail.
    She sent him a letter dated a week after she had left stating she was relocating the kids to her boyfriend's parent house, had already enrolled them in a new school and to stay away.
    His lawyer has just filed for full custody but I can't believe it is a whole month until the court date. She is told to return with the kids and should be served tomorrow.
    I am so surprised the system moves so slow as I doubt she will put the kids in school plus we have no idea how 8 people are liveing in a 3 bedroom, 1 bath house.
    He has talked to his kids but they hardly speak.
    He has a whole year of phone text messages from her and her boyfriend harrassing and threatening him.
    His lawyer believes he has a very stron case but what happens if she does not return for the court date?

  2. #2
    Join Date
    Apr 2009
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    Default Re: Children Taken to Another State by Ex-Wife Against Custody Papers

    In all honesty a month is not long at all.

    He needs to listen to his attorney. Really, all he can do now is wait.

  3. #3
    Join Date
    Mar 2011
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    8

    Default Re: Children Taken to Another State by Ex-Wife Against Custody Papers

    Update and questions: Emergency court date was sent for April 14th and ex-wife was served on April 1st. Found out ex was in town a week ago to meet with her lawyer. Got a letter in the Mail today from my son-in-laws lawyer that she requested a Continuance due to cost of airfare at sort notice with a new date of April 28. He talked to his lawyer yesterday and he had not heard from her lawyer. How can you get a continuance on an emergency hearing due to cost of travel when you are the one who illegally took them out of state. He could not talk to lawyer tonight but will be burning up the phone in the morning.
    Can the attorney agree to this without discussing with client? It is obvious ex could afford to fly in to see her lawyer.......
    Comments appreciated....

  4. #4
    Join Date
    Feb 2011
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    576

    Default Re: Children Taken to Another State by Ex-Wife Against Custody Papers

    While this is all understandably distressing, it is not in fact an "emergency". There is no eminent danger to the children. If it was an emergency dad would have been granted an ex Parte hearing.

    Dad's "burning up the phone in the morning" can only be directed to his attorney, and the best his attorney can do is object to the continuance, nothing more.

    It will be entirely up to the judge to decide whether or not to grant the two week continuance. And at this point it could go either way.

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Children Taken to Another State by Ex-Wife Against Custody Papers

    Quote Quoting tex11
    View Post
    While this is all understandably distressing, it is not in fact an "emergency". There is no eminent danger to the children. If it was an emergency dad would have been granted an ex Parte hearing.

    Dad's "burning up the phone in the morning" can only be directed to his attorney, and the best his attorney can do is object to the continuance, nothing more.

    It will be entirely up to the judge to decide whether or not to grant the two week continuance. And at this point it could go either way.


    Agreed.

    Again, it's playing the waiting game. There's really nothing to be done in the meantime.

  6. #6
    Join Date
    Mar 2011
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    8

    Default Re: Children Taken to Another State by Ex-Wife Against Custody Papers

    Update: Request for continuance was denied. Court is this Thursday.
    I will provide an update on what happens.

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