Is it legal for my ex to send our child out of state without my consent just before my time for custody?

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My ex husband and I share custody of our son with me being primary physical and legal custodian. My ex had been ignoring my calls and I found out he sent my son out of state with his grandparents. I was informed by my sons grandmother that he was with her after they had already been gone. This also interrupts my custody time and was informed after my son was already gone. I am in Nevada, my ex in Illinois and my son is in Mississippi right now.

Attorney Answers

2
Keith Pickard ·
This looks like a duplicate question, but I'll answer it anyway because it's important. The answer will depend upon where your custody orders were made. If in Illinois, you'll want to contact a lawyer there to make sure they handle things like Nevada. They probably do. If it's a Nevada order, then your ex may be liable for parental kidnapping if this move is intended to be permanent. If he's enrolled your son in school or done anything else that looks like he relocated the child, then you should file a motion right away. The law requires he get your permission, or if you decline, permission from the court, BEFORE the move. I would not wait to sit with an experienced child relocation attorney. Those of us that focus on this area can get the details and give you advice tailored to your needs.
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David Jacks ·
As Mr. Pickard points out, it depends on the jurisdiction. If the order was made in Nevada, and the other parent just sent the child to visit his parents, then it could be contempt of court. Also, as Mr. Pickard points out, if was intended to be permanent then it could be parental kidnapping. I would definitely consult with an attorney in whatever jurisdiction the order was made to find out your options.
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