Is this even legal??? (child custody question)?

My husband has a 2 1/2 year old from a previous relationship. He pays child support but never gets to see his son because the mother will not allow it. Every time tries to go see him, she is too busy or out of town or some excuse. Well, at the beginning of the month, she moved with his son halfway across the united states, didnt leave an address, and changed her phone number so he has absolutely know way to get ahold of her. She is still collecting child support as well. Is it even legal for her to just take him?? I thought I heard somewhere that this is considered kidnapping. Any one ever been in this situation or known someone who was?

How is he still paying her child support if he doesn't even know where she is or how to get in touch with her? Are his wages being garnished? If that's the case, there must be some type of child support order in place from the court and usually, when there is a child support order there is some type of visitation/custody agreement made as well, though they are separate issues. He needs to contact a family court lawyer right away to find out what to do here, because the mother isn't doing anything illegal by taking the child away like that if there is no custody/visitation agreement in place, so this all sounds a little odd. If he's paying child support, he does legally have rights to see his child, so he needs to contact a lawyer on this matter.

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2 Responses to “Is this even legal??? (child custody question)?”

  1. K W Says:

    It is legal. Just because you are paying child support, does not mean you are allowed to see the child. Child support and visitation is two separate items. He should have taken her to family court to get an order of visitation.

    How is she is getting child support if he does not know her address, etc.?

    He needs to contact a family law attorney or the family court.
    References :

  2. jenni_doll_1 Says:

    How is he still paying her child support if he doesn't even know where she is or how to get in touch with her? Are his wages being garnished? If that's the case, there must be some type of child support order in place from the court and usually, when there is a child support order there is some type of visitation/custody agreement made as well, though they are separate issues. He needs to contact a family court lawyer right away to find out what to do here, because the mother isn't doing anything illegal by taking the child away like that if there is no custody/visitation agreement in place, so this all sounds a little odd. If he's paying child support, he does legally have rights to see his child, so he needs to contact a lawyer on this matter.
    References :

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