If you're going thru a divorce is their a way to stop your wife from taking your child and moving out of state?
posted Tuesday,
8:52 pm
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only with a court order, should have been spelled out in the custody papers.
You could always ask er.
YES, Please talk to your lawyer.
Yep, it’s called a court order.
If she hasn’t moved out of state yet you can file a petition with the court. But the most important thing for you to do is hire an attorney immediately. And by immediately I mean log off of the internet and make an appointment right now.
technically, your child is a ward of the court if you have filed for divorce.
neither party can remove the child from the courts jurisdiction unless authorized by the judge.
you can file a motion for this action if needed.
You could block the road with marshmallows.
Some states already have laws that are against that. Check with your attorney to see if that’s in your state or not.
Laws differ so much from state to state but there should be. If you can get any sort of proof that she is trying to move out of state then take it to the courts. They will usually grant you temporary custody at least until the hearing.
During the divorce you should have a parenting plan set up. If you have that then your golden. She cant move out of the school dist. even without a 30 day written notice to you.
You need to talk to your lawyer about how you proceed.
If there is no custody awarded yet – then I am not sure of the legal standing, but approaching the court for interim orders can prevent her doing so while custody is being determined.
If custody has been awarded then again court orders can prevent her from doing so. You and she should also be aware that unless she has sole custody and you have no access rights then there are limitations on what she can do. Moving interstate will affect you access to your child and therefore potentially put her in contravention of any court order regarding custody and access arrangements.
Of course. In your court orders, stipulate that she cannot move out of state with the children. It is in my husband’s decree with his ex.
Yes, talk to your lawyer.
Typically you cannot move more than 100miles and not across state lines.
geta awsome lawyer!! as long as you do that you will win. I promise but he has got to be the best of the best.!!!!!
To be honest I thought my husband posted this . ha. My marriage is going through a tough time that i don’t think we will get through and If it fails I have to take my son out of state back home where im from. You can stop it but if she stays there for you there is quiet a big chance that u will be paying alot of alimony. I understand u want your son/daughter with you but u also need to consider is that child’s life going to be changed for the worse? is it worse for him or her to be there with you and a mother who is emotionally destroyed and a father. or a mother who is strong and can support him or her emotionally. I cant tell u how to prevent that cause whatever you do she can fight it so you are going to need alot of time and money if u wanna fight her on this. but its easier to just fight for a certain amount of visits a month or a year.
Maybe. The reason she is going is sometimes a factor. If she’s leaving to get a better job, for instance, you usually can’t stop her. But it depends on the custody arrangement. If she has physical custody, you can’t stop her, but if YOU have physical custody, that’s different. The best you can do is file for sole custody of the child, settle for joint custody and have your child with you all summer every year.
Usually, she can’t but some judges wil allow her too if she A) gets a better paying job or B) her husband gets a better paying job. Have you thought about what is best for the child? Can the mother afford to stay there or would it be better for her to go?