Modification of Custody: Mother Changed Custody Order to No Visitation and Another State While I Was Away

vendredi 5 septembre 2014

My question involves a child custody case from the State of: California, Massachusetts



Hello, I've been reading this forum quite a bit but this is my first post. This is my dilemma: I am the non-custodial parent in a California custody case with shared visitation. My co-parent and I have never had any problems with this arrangement. I was recently released from jail where I spend the last year because of a probation violation resulting from a traffic related incident (repeated driving w/ suspended license, no registration or insurance...). When I returned home, I was going through old mail and found these legal documents saying that our son's mother filed a custody modifier to reduce my custody and visitation to zero, nothing whatsoever, and that she would be moving across the country to Massachusetts, changing our child's residence to anywhere within the United States. Being incarcerated, I was unaware of any such hearing, yet in the papers I read (filed 3 months prior to my release) there is a service by mail to my home address.



So my question is this: even though I was incarcerated when this hearing happened, was never officially served with paperwork, and didn't find out about the modification until I was released, is any of this legal? Can I dispute her custody modification? In no way would I give consent for this modification. This seems not dissimilar from kidnapping.





Modification of Custody: Mother Changed Custody Order to No Visitation and Another State While I Was Away

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