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Submitted 665 days ago...

magickcharms

magickcharms

New User (1)

How does Legal and physical Joint Custody Wok when one parent leaves the state without permission?

My husband and his ex have two children and joint legal and physical custody, ordered in SC. The ex took the two children and moved to Ohio with her brother and my husband wants them back here. Is there any way he can make her bring them back to SC where he can provide for them properly. His ex doesn't work, she gets a $410 welfare check a month, medical help for her and the children, and she receives $356 in food stamps per month. If they were here, the children would have a stable home, their two sisters, food, clothing and insurance from BMW where he works. She left SC without any agreement and without arranging any type of visitation, my husband has not seen these children since July 2007 because we cannot afford to go up there, well he can't get off work. He feels that she should bring them home because she left without making sure he could be an active part of their lives and he didn't agree to the move.

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Answer 1 / 2 - Submitted 660 days ago...

hrdwrkinmom

hrdwrkinmom

New User (5)

Who has physical custody? If he does, then she is in contempt for taking them. If she has physical custody then she has to give 30 days notice to the courts and him before any move can take place to set up a visitation schedule. If he disagrees with the move then a court hearing would possibly have been set to dispute who the children should live with. his main problem at this point is wating this long to do anything. A judge will ask why he didn't do anything about this before now. Not being able to get off work will not be a good reason for the court I can honestly tell you that. He needs to go to the courts that the papers were filed at.

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Answer 2 / 2 - Submitted 657 days ago...

JLBT2

JLBT2

Contributor (84)

He needs to go to court and get a custody order. Right now with no agreement shes able to do that. He shoud try to stay in touch with them by phone if he can and keep track of everything for court.

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How does Legal and physical Joint Custody Wok when one parent leaves the state without permission?

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