What will happen if my cousin takes her child that she has 50/50 custody of and moves to Mexico to keep him safe from his father's dugs and abuse?
Question Details:
She has taken this case to court for 8 years now and never found any help protecting her son from the violence, drugs, and abuse the child sees weekly at his fathers. The court system has has not protected her child. How can she keep him safe and show him the right way of living without the money for a lawyer? When we spoke to his father yesterday he was on drugs so bad that his facial expressions were numb and limp, voice different, and jaws numb . His younger kids where in the home. He gets very violent with him wife in front of the kids. Then punishes them for crying over his abuse.
Divorce, Marriage, Alimony Law Answers
If she moves out of the state without a court order, she could be found guilty of parental kidnapping. Mexico is a party to the Hague Convention, an international treaty, that would make the West Virginia court custody order enforceable there, and once caught, she would be forced to return the child to the state.
There are two better alternatives. One would be to move as far away as possible, but still inside West Virginia. Most judges don't have a problem with that. The other is to apply for permission to move, with the children, to another state, where she would have better employment opportunities or family support, or something along those lines. Either way, making men like the one you describe drive for a couple hours either way, rather than just across town or so, often leads to their parenting urges fading, sooner or later.
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