2006-06-08 07:48:34 · 24 answers · asked by Edith G 1 in Politics & Government ➔ Law Enforcement & Police
If you have legal custody then you probably do, provided there isn't a stipulation in the divorce decree saying you may not do so.
Your ex-spouse may naturally go to court and sue to stop you, though, especially if it represents a significant burden which would interfere with your custody and visitation arrangement (and the court may re-evaluate where the best home for the children is in light of the fact you are willing to take them away from their friends, their school, all their other loving relatives, etc).
However, if the issue of custody is not settled, then not only should you not leave the state, but it's probably inadvisable for you to leave the CITY with your children, or even moving across the street, at least not without providing your ex with the exact whereabouts of the children (especially if you're permanently moving). Simply leaving with the children can very easily be construed by the other parent, and law enforcement, as an attempt to unlawfully deprive a parent their rights to access to their children. That's generally considered kidnapping in the United States, and would be a federal offense the instant you crossed a state border. The Feds are VERY good about prosecuting for it, too. It's not worth running the risk.
2006-06-08 07:59:24 · answer #1 · answered by AndiGravity 7 · 1⤊ 0⤋
Do you have a right, well it depends on what guidlines the court stipulates. I must say this though. I grew up with two divorced parents. My mom had custody while my dad was aloud visitation. While my relationship with my father was not always the best, it gave me the opportunity to still have him in my life. I was the one that got to choose how much or how little involvement that was. If my mother had taken us to a different city/state, it would have been her choice and I don't know that I could have accepted that. Basically what I'm saying is this: try to put aside your own feelings of dislike and ask yourself what is best for your children in the long run. Hope that helps.
2006-06-08 07:54:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Not necessarily. Each state varies and it depends on the decree. You have to have his attorney and your attorney stipulate that both of you have the right to take the children out of state with written permission from the other parent. If you plan to move out of state it can violate the custody agreement and then you have to start all over again to establish the legal rights of each parent. Trust me it is a mess and there are no winners only losers.
2006-06-08 07:55:17 · answer #3 · answered by jodie 6 · 0⤊ 0⤋
Not really. It depends on who has custody of your children. Even then, you may not be able to. Check with your lawyer, or look over your custody papers. Then again, if your ex doesn't mind, then you may not have a problem. To be certain, and not get yourself into trouble, call the court or your lawyer. Divorce with kids can get messy. Just don't use the kids against your ex.
2006-06-08 07:53:18 · answer #4 · answered by just_wondering 2 · 0⤊ 0⤋
Depends on what the divorce degree stated regarding the children.
Joint custody..would require that the childrens father give consent for you to move the children out of the state.
Check with your divorce lawyer.
2006-06-08 07:53:10 · answer #5 · answered by swampfox conservative 3 · 0⤊ 0⤋
If your child custody agreement allows you to.
it is not the divorce but the child custody, unless your custody agreement gives you permission to ( since the other parent will have visitation and/or other custody rights) you will have to file a motion in court for permission to leave the state.
2006-06-08 11:08:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋
This would depend on your Divorce Decree or Judgement from the Court in regards to the Children. What does it say under "Child Custody"? There should be a provision made for this, if you don't already have one.
2006-06-08 07:53:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Depends on your divorce/custody agreement. Sometimes you are not allowed to leave the state without permission from your ex-spouse. You need to be certain of what the rules are for your divorce before you do it.
2006-06-08 07:51:59 · answer #8 · answered by Goose&Tonic 6 · 0⤊ 0⤋
this is a very touchy issue. you need to check with the state your divorce goes through, and inmost instances you have to have the permission of the other parent and the court. your divorce lawyer should be able to tell you, as in most states child custody is a seperate issue from the divorce.
2006-06-08 07:53:24 · answer #9 · answered by sabor242002 1 · 0⤊ 0⤋
It all depends on the divorce decree.
If you want to leave with the kids before that and hubby says it is OK, GET IT IN WRITING and have it notarized...then he cannot say you didn't have permission after the fact.
To be safe, you should wait until the divorce and custody arrangements are finalized.
CYA, my dear. CYA.
2006-06-08 07:54:06 · answer #10 · answered by Anonymous · 0⤊ 0⤋