How can my husband remove his son from another state if he was granted an order of temporary physical custody in our state?

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How can my husband remove his son from another state if he was granted an order of temporary physical custody in our state?

My husband a month ago filled for temporary physical custody and was granted on Monday last week. In the meantime, the mother found out and left state with his son. She was served the order to appear in court and didn’t show. My husband was granted the order of temporary physical custody. He went to the other state where she moved to take his son back with him after having to call his son’s old school to find out where he was transferred to. Once he arrived, the police interfered and told my husband that the order that was granted to him did not apply in that state. What can he do?

Asked on December 2, 2012 under Family Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Based upon what you have written, your husband has to file an order to show cause for contempt of a court order in the state where he was given temporary custody of his child against the mother.

Based upon what the court decides, an order can be issued by the issuing court finding the mother in contempt and ordering her arrest in the other state where the child is to be released to your husband after there is a new filing in the state where the mother resides referencing the order of the initial state.

Based upon what you have written, your spouse needs to consult with a family law attorney for assistance in the matter you have written about.


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