How can my husband remove his son from another state if he was granted an order of temporary physical custody in our state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can my husband remove his son from another state if he was granted an order of temporary physical custody in our state?
My husband a month ago filled for temporary physical custody and was granted on Monday last week. In the meantime, the mother found out and left state with his son. She was served the order to appear in court and didn’t show. My husband was granted the order of temporary physical custody. He went to the other state where she moved to take his son back with him after having to call his son’s old school to find out where he was transferred to. Once he arrived, the police interfered and told my husband that the order that was granted to him did not apply in that state. What can he do?
Asked on December 2, 2012 under Family Law, Massachusetts
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Based upon what you have written, your husband has to file an order to show cause for contempt of a court order in the state where he was given temporary custody of his child against the mother.
Based upon what the court decides, an order can be issued by the issuing court finding the mother in contempt and ordering her arrest in the other state where the child is to be released to your husband after there is a new filing in the state where the mother resides referencing the order of the initial state.
Based upon what you have written, your spouse needs to consult with a family law attorney for assistance in the matter you have written about.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.