Custodial interference

[TheReaper]

I have joint custody with my ex wife and have our daughter every Sat, Sun and Monday. She has now remarried to a man in another state. My ex has told me that she is going to take our daughter for the entire summer to NC. She does not have my permission or the courts to remove her from TN. She has been gone for two weeks. Does this constitute custodial interference or do I have to wait a certain length of time before raising the issue?

[hoosier_dad]

What does your decree specify for Summer parenting time? How did you document your objections to her unilateral move to NC?

I seriously doubt your ex has any intentions to move back to TN and is hoping to establish status quo and residency in NC.

[jumbledone]

What does your decree specify for Summer parenting time? How did you document your objections to her unilateral move to NC?

I seriously doubt your ex has any intentions to move back to TN and is hoping to establish status quo and residency in NC.

You need to speak to a lawyer today, dam whatever cost there is. Time to put the boot down on her throat, and hard. Emergency Motion to return child to TN, at NJ's expense. The longer you wait (2 weeks is too long already), the more your actions implicitly agree with what has happened.

As hoos said, where is the paper trail she told you and you objected to her removing the child? You have close to 50% custody, and it looks like you can get primary if you play your cards right, fast and hard.

[TheReaper]

There is nothing in the decree about any holidays, summer time or special circumstances. I am to have our daughter each and every S, S and Monday. I also have liberal < parenting time > where I can (and have) get her other times when agreed by the ex.

I sent her attorney a certified letter yesterday objecting to any kind of removal from TN and informing him of my concerns regarding custodial interference. The sad thing is my daughter 14 yoa does not want to go and wants to live with my family. Her desire for this has caused huge fights between my daughter and the ex. Fights to the point that my ex called the police on her.

My ex still has an apartment with belongings in TN and told me that she plans to move at the end of August. We have a hearing scheduled for the end of July regarding the move, custody, < parenting time > and support. My immediate issue is that she has virtually moved without court approval.

[jumbledone]

Oh, and document your attempts to pick up your daughter.

If your daughter wants to live with you, NJ wants to move out of state, and your daughter is 14, unless there are major skeletons in your closet, gaining primary should well be within your grasp.

[TheReaper]

No skeletons. Not even a parking ticket. I have been remarried and with my current wife plus her two kids for 8 years. Everyone is happy and my daughter has always been considered a full time member on part time < parenting time >.

I have no problem with the ex moving, but my daughter must stay. She does not like the new step dad and has repeatedly told her mother that she does not want to move. She has friends from 8th grade that she will be starting High School with and looking forward to familiar faces in the new "big" school.

Sadly, in TN the child can inform the judge why she wants to live with me, but ultimately it is his decision.

[TheReaper]

Forgot to state that she sent me an email last week asking that I mail the child support to her NC address. What audacity.

[Anything4Her]

You need to get this in front of a judge as quickly as possible.
At 14, it is unlikely the judge will rule against her wishes.

Fights to the point that my ex called the police on her.

Bring a copy of the police report to court.

[massdaddio]

Continue to send the child support checks to her TN address to force her to come and pick them up. I would also file a police report on your ex, parental kidnapping. I'm not sure if it would stick, but could force her to return your daughter if she thought she'd be arrested.

[hoosier_dad]

I would also file a police report on your ex, parental kidnapping.

Looks like TN law has some teeth on this:

http://www.state.tn.us/tccy/tnchild/39/39-13-306.htm

TENNESSEE COMPILATION OF SELECTED LAWS ON CHILDREN, YOUTH AND FAMILIES, 2011 EDITION
TENNESSEE CODE ANNOTATED
Title 39 Criminal Offenses
Chapter 13 Offenses Against Person
Part 3 Kidnapping and False Imprisonment
39-13-306. Custodial interference.

(a) It is the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of a child younger than eighteen (18) years of age to:

(1) Remove the child from this state knowing that the removal violates a child custody determination as defined in § 36-6-205, the rightful custody of a mother as defined in § 36-2-303, or a temporary or permanent judgment or court order regarding the custody or care of the child;

(2) Detain the child within this state or remove the child from this state after the expiration of the noncustodial natural or adoptive parent or guardian's lawful period of < parenting time >, with the intent to violate the rightful custody of a mother as defined in § 36-2-303, or a temporary or permanent judgment or a court order regarding the custody or care of the child;

(3) Harbor or hide the child within or outside this state, knowing that possession of the child was unlawfully obtained by another person in violation of the rightful custody of a mother as defined in § 36-2-303, or a temporary or permanent judgment or a court order; or

(4) Act as an accessory to any act prohibited by this section.

(b) It is also the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of an incompetent person to:

(1) Remove the incompetent person from this state knowing that the removal violates a temporary or permanent judgment or a court order regarding the custody or care of the incompetent person;

(2) Harbor or hide the incompetent person within or outside this state, knowing that possession of the incompetent person was unlawfully obtained by another person in violation of a temporary or permanent judgment or a court order; or

(3) Act as an accessory to any act prohibited by this section.

(c) It is a defense to custodial interference:

(1) That the person who removed the child or incompetent person reasonably believed that, at the time the child or incompetent was removed, the failure to remove the child or incompetent person would have resulted in a clear and present danger to the health, safety, or welfare of the child or incompetent person; or

(2) That the individual detained or moved in contravention of the rightful custody of a mother as defined in § 36-2-303, or of the order of custody or care, was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.

(d) If conduct that is in violation of this section is also a violation of § 39-13-304 or § 39-13-305(a)(1), (a)(3), or (a)(4), the offense may be prosecuted under any of the applicable statutes.

(e) Custodial interference is a Class E felony, unless the person taken from lawful custody is returned voluntarily by the defendant, in which case custodial interference is a Class A misdemeanor.

Acts 1989, ch. 591, § 1; T.C.A., § 39-13-304; Acts 1990, ch. 982, § 1; 2004, ch. 834, § 1.