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Urgent Legal Question...?

Category: Law & Legal

booyoubooyou


If you are a resident of one state [we'll say Alaska] and you get into a custody dispute in another state [we'll say Georgia]... if you are awarded temporary legal custody of your child, and your husband takes him, violates the TPO and the court order and goes BACK to Alaska without your knowledge or consent, is that legal? I would think you have to obey a court order no matter what state you're a resident of but... I don't know.

Does anyone know? Is he still in violation of a court order? Or does it not count because of the legal residency being in Alaska?

The baby was born in AK.

Prorkycake
Prorkycake

You really need to contact a family law attorney so that they may read and interpret what the order says.

However, from personal experience, I can tell you that I cannot move to another state without notifying my ex-husband 60 days prior to the move and have his consent. I am not sure how uniform that is. Every state is different.

Contact an attorney ASAP. I am pretty confident this person violated a Court order.

Gorkbark Porkduke Gefunken Fubar
Gorkbark Porkduke Gefunken Fubar

No, this is not legal and he would be in big trouble. You cannot just up and violate a court order, and crossing state lines makes it much worse. The court order was for one particular set of circumstances, regardless of other matters, and when he decided to take the baby and go off someplace it doesn't matter where he goes, it's a violation.

Judges do not take kindly to their orders being ignored, not at all, and tend to issue bench warrants for people who think they are above them.

Judy
Judy

Generally, states will respect custody orders from other states. If you have a court order in your favor, and he doesn't have one, yes he's in trouble.

The part that gets tricky is if there's a dispute over what state has jurisdiction and each parent has a court order in their favor. That can take a long time for even lawyers and courts to sort out.


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