I filed for custody on 9/23/2024 due to the other parent refusing to coparent. Upon trying to have her served, I learned she had moved from her apartment so I requested to re-issue the summons. This past week I learned that she has moved out of the state (Maryland, USA) with our children. We were never married and there is no custody order in place due to failure to serve. Is this illegal since she did not discuss this or have my permission? She also has me blocked on everything so I cannot ask for her new address to have her served.
If there’s no current orders, then I don’t think it’s illegal. If I’m not mistaken you should be able to request a return order. You’ll need to hire a private investigator to find her and a lawyer to go through the process for you. This is a lot more complicated than pro se.
You need to establish the venue in MD, which you started by filing. Get a lawyer now.
This is ‘hire an attorney now’ territory, before she establishes residence elsewhere.
In short; no. Barring an order otherwise, each parent has equal rights of physical custody which means, either could move with the children or even refuse to allow parenting time with the other parent.
@Hayden
He needs to consult an attorney. In my state this situation would rise to the level of a felony.
Isle said:
@Hayden
He needs to consult an attorney. In my state this situation would rise to the level of a felony.
What state? I want to see how a parent moving with their children when there is no order regarding parenting can become a felony.
@Hayden
It’s not just the moving, it’s the concealing of the child and depriving the other parent of a relationship.
Nevada
Under NRS 200.359(2) a parent who has joint legal custody of a child pursuant to NRS 125.465 shall not willfully conceal or remove the child from the custody of the other parent with the specific intent to deprive the other parent of the parent and child relationship.
A violation of NRS 200.359(2) is also classified as a category D felony.
@Isle
But this father apparently does not have joint custody. In the absence of a court order establishing paternity and custodial rights, mom is the sole legal custodian.
@Isle
Now research the definition of ‘joint legal custody’.
@Isle
There is no joint custody in this case yet.