Q: I have a custody paper that says I can't leave outside 50 miles of my city I have not seen or heard from him in three years I have had an order of protection against him once he is dangerous and I don't want to risk going back to court and making him mad he warned me if I tried to move or dated anyone else there would be consequences can I just leave? If he finds out what happens? Would it be like a giant amber alert for "kidnapping" or just an arrest warrant in that state and as long as I don't go there again me and my son are safe?
A: David's Answer: If you move without his permission or court permission, not only will this likely make him more angry than if you just take him back to court, you'd also violate a court order. And yes, the Court could issue an arrest warrant, which is enforceable in all 50 states (as it would come up on the NCIS computers). He could also hire a P.I. to track you down. If you're brought back to court, you'd face 6 months in jail, sanctions (which could include the full costs of his P.I. & his lawyer) as well as the prospect of losing custody. Strongly consider filing a relocation petition. Speak with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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