Legal Question in Family Law in District of Columbia

I obtained an absolute divorce from my ex-husband in March. ( I live in DC and he lives in MD (Prince Georges County). We have a 4 year old daughter; and, are in the middle of a custody case ( in DC). However, I have been planning on moving to NC for many months and he is well aware and has wished me well (via e-mail and over the phone) many times. Now, however, he is telling me that if I move it will be considered kidnapping. I have not told him exactly when, because our relationship has deterioriated rapidly in a few months, but it is before school starts. He is behind thousands of dollars in child support (court ordered); and, rarely sees our daughter now. What can I do?

Asked on 7/10/12, 8:19 am

1 Answer from Attorneys

Paula McGill Attorney at Law
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If you are in the middle of the custody case, you cannot move hundreds of miles away without court permission.

At the same time, if he wants to play hardball, file a motion for contempt against him for his failure to pay child support.

Both matters can be heard at once. I doubt you will be able to get court permission before school. However, this move issue should have been before the court months ago.

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Answered on 7/12/12, 11:38 am

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