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Facts

  • Two parents have in force a child custody agreement (a/k/a Parenting Plan, PP) in U.S. state X.
  • The PP stipulates shared residential time with their minor child between the parents per a specific schedule.
  • PP contains no unusual provisions.
  • Parent A violates the PP and moves the child out of state (to U.S. state Y).

Question

Under what circumstances (if any) can parent A ever obtain legal custody of the child without physically returning to court in state X?

If the values of X and Y matter in the answer, feel free to choose (and specify) them for yourself.

Alexanne Senger
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  • That would require a court in Y to rule in obvious conflict with the court in X. That seems highly unlikely. – phoog Jun 25 '16 at 21:01
  • If it ever came to a ruling. Parent B could presumably produce PP to the Y court if A filed a custody action in Y. – Alexanne Senger Jun 25 '16 at 21:06

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