2006-09-30 10:43:48 · 18 answers · asked by tony 1 in Politics & Government ➔ Law & Ethics
Are you two still married, or have the two of you split? If you have split, is there a child custody agreement in place?
If you are still married or there is no child custody agreement in place, she has just as much right as you do to take your child out of state. You can file for separation or divorce, and ask the judge to order that the child remain under the jurisdiction of your state as long as you do this before the child has resided in another state for 6 months.
Under the Uniform Child Custody Compact, the state where the child lived for the 6 months prior to the filing of child custody papers will be the state that has jurisdiction in the child custody case.
2006-09-30 10:53:54 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 1⤋
well why dont you call your lawyer right way before your ex wife take your child away from you . dont wait til after or later on . do it now, call up your lawyer and tell him or her whats going on first then you should call the police to come over and stop her for taken the child away from you . then you should be permision to tell them that your ex wife that she doesnt have the right to do anything with out getting permision from the judge thats okay her to take yourguys child to out of state .i think your wife is trying to kidnapped her own child from the father and not telling him nothing .
2006-09-30 17:58:21 · answer #2 · answered by sk 3 · 0⤊ 0⤋
I don't know the arrangements you have with her, but if you are in joint custody you can stop her. Moving the child with out your permission would be means for seeking custody.
Usually (Georgia anyway) if you have visiting rights she is responsible for meeting you half way with the child for visitation even if it means several hundreds of miles for her. failure ot comply could lose her custody.
If you have joint custody and see the child every other week for example than she could not move legally wihtout your permission and also could lose the custody for doing so.
If you have legal joint custory in your state and she moves the child you have the right to go to that state and take the child back to your state and seek custody.
Before doing anything I would consult with a lawyer.
2006-09-30 17:54:13 · answer #3 · answered by Anonymous · 0⤊ 1⤋
A lawyer would best answer your question.
I believe that if she has full custody, you have little say in where she moves. You don't own her or the children...they don't need your permission to do anything. Yet you're on the hook for child support...
If you have joint custody, then, I think arrangements can be made to not move more than X miles away. A lawyer could better answer your questions.
2006-09-30 17:49:34 · answer #4 · answered by asafam23 3 · 1⤊ 1⤋
I recall a case where a woman wanted to take her child out of state to accept a better paying job and went to court. She lost and was told she could not separate the child from her father. Go to court quickly. Good luck
2006-09-30 17:52:03 · answer #5 · answered by tina 3 · 0⤊ 1⤋
If she's the primary custodial parent, and the child lives with her, you have nothing to say about it, sorry !
But if you have joint custody or shared custody, you might be able to do something. You need to seek legal advice.
2006-10-01 12:45:05 · answer #6 · answered by Big Bear 7 · 0⤊ 0⤋
if she has full custody, she is free to move anywhere she wants to.
A law suit only puts your child in the middle and is just using it as a pawn in your own powerplay.
Let her go. If she needs space from you, feels unsafe being so near to you, can't find work or has no family or support network where she is now...LET HER GO!
Don't use your kid as your personal pawn. That's just disgusting!
2006-09-30 17:55:03 · answer #7 · answered by DEATH 7 · 0⤊ 1⤋
Go to court and get a temporary custody order that says she can't cross state lines.
As long as you are married you have shared joint custody and she can go where she wants. You need to divorce her or file to stop her. Get a lawyer.
2006-09-30 17:46:43 · answer #8 · answered by Pantherempress 7 · 0⤊ 1⤋
Depends on the situation.
Fathers have more rights today than they ever have had in the past, this is not saying alot, but if you take her to court you stand a chance of stopping her if you have valid reasons.....
2006-09-30 17:47:58 · answer #9 · answered by CrazyCatLady 4 · 0⤊ 1⤋
Get a court injunction or emergency court order.
This is only the initial step...there will need to be a hearing on the matter, which you might not win.
Are you still married?
2006-09-30 17:47:18 · answer #10 · answered by M P 3 · 0⤊ 1⤋