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Husband divorced his ex in Oklahoma. When she lost welfare in that state she moved to Arkansas. He is in the service and stationed in California. Last year when Arkansas DHS took chilren away from her we were told we had to go to Oklahoma for a custody hearing. We got a temp order for his daughter. When we finally went to court months later DHS had given her the children back 2 days before our hearing. The judge gave her custody of our step daughter also. She is on the move again from one living place to another. She is court ordered to let him know where our daughter lives and their phone number. She keeps a po box address and stays in the same town but moves several times a year due to various reasons. She has a pay as go cell phone, but not a regular house phone. The phone only works when she can afford minutes for it. My husband returned home to Oklahoma in Oct for a funeral service. He was unable to reach his daughter on the phone, due to no service and found out that she has moved again. The year before that when we got married and were going to pick her up, and the same thing happened to us on that trip also. So his daughter didn't get to attend our wedding. He went to the court house in Oklahoma and had a statement of what happened that trip added to the court records. My step daughter had a birthday in Nov. my husband told her he needed the address to send her gift. She gave him an address and we mailed out her present. 10 days later it comes back to us doesn't live at this address. She emailed him and told him she thought it might get stolen at her house so she gave him a friends address, but her friend forgot to tell her mom. She asked us just to send it to the po box address. We know her mom tells her not to let us know the address and we don't want to put her in the middle of it so we aren't pressing her for it. Since the court papers say that she must let him know of her physical address and that he is allowed 1 phone call per week with her is she in contempt of court? Do we need an attorney or is this something we can handle on our own? We called the court house and they are sending the paper we need to fill out but we don't know if we need to hire an attorney or not. They also said that my husband would have to come back to Oklahoma for the court case. It's going to be really hard for him to get more time off right now, plus if he has to go back there we probably won't be able to afford an attorney also. Things are a little tight since my daughter's college tution just had to be paid. Since we live in California is there any way that we can get these hearing done out here? Esp since neither of them reside in Oklahoma? His ex probably wouldn't even try coming out here for a hearing. What would happen if she were found in contempt of court? What kind of effect would this have on my step daughter? Has anyone been through this? She doesn love both her parents and debates back and forth who she wants to live with at times.

[quote]Since the court papers say that she must let him know of her physical address and that he is allowed 1 phone call per week with her is she in contempt of court? [/quote]

[size:11pt] Yes she is in contempt.[/size]

[quote] Since we live in California is there any way that we can get these hearing done out here? [/quote]

[size:11pt] No, since the custody jurisdiction lies in the state in which the kid resides.[/size]

[quote] Esp since neither of them reside in Oklahoma? [/quote]

[size:11pt] The jurisdiction would be with Arkansas since that is the child's home state.[/size]

[quote]What would happen if she were found in contempt of court? [/quote]

[size:11pt] Probably nothing, and to what purpose? There has to be a pattern of her repeated contempt and it must be documented (such as multiple contempt filings, multiple returned mail proving her moving and providing no notice to you). Does she not know about telling the post office to forward her mail??[/size]

[quote]We called the court house and they are sending the paper we need to fill out but we don't know if we need to hire an attorney or not. [/quote]

[size:11pt] You don't need an attorney but it will require that he appear on the court date.[/size]

[quote] It's going to be really hard for him to get more time off right now, plus if he has to go back there we probably won't be able to afford an attorney also.[/quote]

[size:11pt] He can request "Emergency Leave".[/size]

[quote] She doesn love both her parents and debates back and forth who she wants to live with at times. [/quote]

[size:11pt] How old is this child? Can you guys buy her her own cell phone, like one of those "FireFly" types that only allow certain preprogramed numbers to be called? Unless her mother is a threat to the kids health and welfare, no judge will take her away from her mother. Heck, even when the CP is wacked out, judges still won't change custody.[/size]

Thanks for the information at least we have something to st Probably nothing, and to what purpose?

There has to be a pattern of her repeated contempt and it must be documented (such as multiple contempt filings, multiple returned mail proving her moving and providing no notice to you). Does she not know about telling the post office to forward her mail?art with now.

She has a po box at the post office. She doesn't want to be found so she never uses her street address and just keeps the po box. She even made up a fake address and gave it to children services. When they eventually did find her she was living in a 2 bedroom house. Sharing the rent with another family of 5. So there were 2 families, 8 people living in a small 2 bedroom house. She seems to move aprox 2-3 times a year usually due to not paying her rent. When we went to court this last time HUD was helping her get a house, so we thought that she might finally stay put for once, but not the case.

She just turned 13. Will have to check into the phone ideal.