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Theresaphila
06-15-2005, 08:13 PM
What rights does a parent have if the other parent takes their small child to another state claiming she was going on vacation and never returns to the state where the other parent is..Once in the other state the mother files for child support and the dad is now paying however, the mother never contacts the dad regarding the child...Can the dad file for primary physical custody stating that he wants his child to live with him primarily considering the facts that he does pay child support and has absolutely no contact with his child.....Will the court oder the mom back to the state in which she originally left(pa)? please note that no other court orders are in effect other than a child support order......how does a situation such as this play out in court?..any advice would be great......thanks Terry

elklaw
06-17-2005, 01:23 AM
You need to go consult with a real, live attorney as this is a specific case and this site is not a place where you can get particularized advice. There are a lot of things that could happen. Support and visitation are two separate matters in the eyes of the court, so support deficiency should not affect visitation if it is granted, but in this situation it does not sound like there has been any visitation. The father could always seek a contempt citation for the mother moving, but if he pays no support and has no contact with the child, that would be a weak case. But you need to talk to an attorney in the state you are in.

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