2006-08-03 15:18:12 · 11 answers · asked by michigan_angel35 1 in Family & Relationships ➔ Marriage & Divorce
the parties aren't divorced yet, but have been separated for over a year and there has been no custody established and the mother is wanting to move the kids out of state without the father's permission.
2006-08-03 15:54:02 · update #1
By the way...this is not me taking my kids out of state...the question is being asked out of concern for a friend who's soon to be ex-wife is planning on moving their children out of state before they are divorced and without his permission.
2006-08-04 01:07:49 · update #2
If there is a legal separation, the father's lawyer should have established boundaries on paper and she could not leave (or be arrested for doing so).
If there is no legal separation, he can do nothing. He needs to get a lawyer involved immediately. Lawyers cost big time and if he doesnt have the money, he can choose to up and follow the mother and his kids, work and live where they live so he can be involved.
2006-08-11 14:18:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It's illegal and punishable by jail time in all 50 states. In the state of GA where I live, the custodial parent must inform the other parent in writing 30 days prior to relocating. The custodial parent does not have to ask for permission from joint legal custody holder parent, just have to inform. The non-custodial parent can file for a change in circumstances in court to try to stop the relocation. It usually will delay the action, but not prevent it. It also costs quite a bit in court fees and legal fees.
2006-08-03 22:25:24 · answer #2 · answered by sleepless in the ATL 3 · 0⤊ 0⤋
If I am not mistaken, if you are divorced and you have soul custody of the children, you can take them wherever you want without permission of the other parent. But check with your local court and make sure before doing something that could get you in trouble.
2006-08-03 22:22:45 · answer #3 · answered by Heather M 2 · 0⤊ 0⤋
Been here done this. Lived in Michigan, separated, child support established...blah, blah, blah. Needed to move to Florida for a job and I brought the kids with me. HOWEVER, I was told by my attorney that I could NOT do it without HIS permission. There are rules for extenuating circumstances but I do not know what they are as I did not have to deal with it. Husband ok'ed mine as he planned to relocate to Florida too. We ended up back together anyway so it worked out for us. You need to call a lawyer and find out what the law says. Fairly certain that if you go without his permission he can file federal charges for kidnapping though! Hubby and I BOTH had to have permission letters written by the other parent for one of us to take the kids out of state or across into Canda just to visit for a few days. My gut says not to do it without his permission or without a court concent.
2006-08-03 23:05:49 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends on who has custody and whether or not there is a custodial environment with the parent who is staying in Michigan.
If there is not a custodial environment then it is whether or not the move has the potential to improve the quality of the children's lives.
If there is a custodial environment than an analysis of the children's best interests is needed.
You really need to contact a lawyer on this issue.
www.metrodetroitlawyer.blogspot.com
www.lawcpg.com
2006-08-04 16:22:08 · answer #5 · answered by MichLaw 2 · 0⤊ 0⤋
Depends on what is in the custody agreement, there are usually agreed lines like if you signed and agreed to not to take children out of the state then it could be detrimental to you ....
2006-08-03 22:22:39 · answer #6 · answered by Rocco 2 · 0⤊ 0⤋
You might want to talk to someone in the courts about that. That can be considered as child abduction or kidnapping.
2006-08-11 01:16:30 · answer #7 · answered by ♫†☼☼♥Natasha♥☼☼†♫ 3 · 0⤊ 0⤋
Check out this article.
2006-08-03 22:24:35 · answer #8 · answered by Otis F 7 · 0⤊ 0⤋
its against federal law so unless you want to be on americas most wanted don`t do it
2006-08-03 22:21:39 · answer #9 · answered by Anonymous · 0⤊ 0⤋
why would you do that ?? think about the kids not yourself - they have two parents - always have and always will -
2006-08-03 22:41:38 · answer #10 · answered by harleygump 1 · 0⤊ 0⤋