If I wanted to take my kids and move to another state after I divorce is there a law that can stop me if…?
posted Thursday,
6:48 am
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If you have sole legal custody you can move.
If you have joint custody you will require his permission. IF he doesn’t grant permission, you will have to plead your case in court.
My question is: Is there a valid reason to move the child away from thier parent and effectively sever the relationship? Do you not know that the children are best served by having regular contact with both parents?
Not unless he has any kind of custody. Nope, you can move. Think twice though, please. The kids need both parents, they really do!
It depends on the state. Have you considered what this is going to do to the children? Unless he’s a horrible father, don’t do it. Kids need their dads and not just occasionally.
You would have to work all of this out in front of a judge.
Discuss this topic with your attorney.
If he has any custody, he can legally prevent you from leaving. It would be kidnapping if you left without his legal and written permission.
Most divorce decrees and custody arrangements do NOT permit this sort of thing with or without notice. The decree my ex-wife and I have do not allow either of us to move out of the county without going back to court.
It depends on what state you’re in and what your decree says.
I left Arizona because when I was getting divorced they had a law that said you couldn’t leave the state with a minor child after a divorce. So, I left with the child, and divorced from a "friendlier" state.
Addendum..he wasn’t living in the state at the time, but was still a resident. My concern was that I needed to be able to move to follow the job market, not to keep him from his child. Oy..not every woman takes off with the kids to torture the ex…get a grip.
YES.
If you have shared/joint custody, or he has visitation rights/schedule, yes he can prevent you moving to where it would make it difficult or impossible for him to exercise those rights.
If he’s willing to meet you in a compromise arrangement, the courts may allow it. It may mean a change of the visitation schedule – like fewer visits, but for longer periods eg. instead of every other weekend, he might have them most school holidays.
If you know you are moving have the details worked out with him BEFORE finalising the divorce.
Depends on what your divorce says.
In most states yes. If the father has visitation you have to keep them in a reasonable location for his benefit. There are ways to work around this but they’ve got to be done through the courts.
You have to have permission from the court if you share custody with someone with your kids.
It all depends on what sort of a divorce decree that the judge passes out … if he gives both parents joint custody then one party can not move away and keep the other parent from seeing the kids …. the judge will use the parents behavior as a guide … if one parent has been cheating …. spends time with a lover …. he may side with the parent that has remained faithful to the marriage …. hence my questioning the trip to see your new lover …
JayJay is correct… at least in Missouri
That depends on the Court, but I see no reason for you not being able to take them out of state. But, if there is joint custody, there might be a problem. have to check with the Judge on this!