I am considering divorcing my husband of three years but i want to have a plan set up for later on.I have my own secret account that i put my old personal saving in and i have been taking out money from the allowance hubby gives me and putting that in their as well i had my father open the account.I signed a pre-nup before my hubby and i married so i wont be getting much money after the divorce aside from child support.I had an old friend from college see if she could find me a job even though i have not worked in 3 and half years.She found me a job in houston TX, at her companys sister firm.Only problem is i am living in NJ with my hubby.So if i seperate or divorce from my hubby and move to TX is it legal to take my daughter with me?
2007-01-06 12:22:05 · 10 answers · asked by Bella G 1 in Family & Relationships ➔ Marriage & Divorce
I have not made up my mind yet if i want to divorce but i always believe in a back up plan.I do not think my hubby would like me moving away with my daughter could i leagally do so?
2007-01-06 12:23:56 · update #1
Set it up with your attorney. I know my divorce papers said that neither one of us could take the children out of state without the permission of the other parent.
2007-01-06 12:36:43 · answer #1 · answered by happy_southernlady 6 · 0⤊ 0⤋
I had the same question, myself for awhile. So I did a little research about it. What I found with the two states that I am involved in was that if I take the kids out of state and stay for 6 months I could then file for divorce in the new state without any problem and I could stay there with the kids. However, if you go and hubby wants to file before 6 months, then you would have to bring the kids back to your original state, unless he agrees to let you keep the kids out of state. Most of states have this information on their websites. Look at both NJ and TX websites to make an informed decision. Good Luck!
2007-01-06 12:39:05 · answer #2 · answered by soblue2day 1 · 0⤊ 0⤋
If you have joint custody of the children, you must get permission of the other spouse to take the child out of the state. If you don't get permission, and leave the state, that is considered kidnapping and you will be arrested...you don't want your daughter to live with him while you're in jail, do you?
One thing I learned in the process of my divorce was to make sure that there was no mention in the divorce that there were no limitations on where I could move, live etc. I also obtained sole legal and physical custody of my children, therefore, I am able to dictate where my children reside and the limitations of where I live are not there.
There could be a good chance that your husband will not fight you on moving out of state, and instead he will ask for longer visitation during breaks, etc.
Good luck to you.
2007-01-06 12:41:24 · answer #3 · answered by GreenEyedLou 2 · 0⤊ 0⤋
A lot depends on your state laws and such. Normally It is part of the divorce agreement. Unless you can prove that he is an unfit parent he wil still have visitation rights which means you might have to send your daughter across the country for the summer or something like that.
2007-01-06 12:30:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you have enough $$$ leave now ---with your child. Possession is 9/10 of the law. Secure a new place for you and your child and don't tell your spouse where you're going!! Start your new life for yourself and your child and don't look back. You can establish visitation for your child once you've secured residency in TEXAS---that could take up to 90 days. Don't let your spouse know where you are until you've secured residency and have been able to file something in the courts for filing a petition for temporary relief and to establish support for your child!
2007-01-06 12:42:40 · answer #5 · answered by aunt_beeaa 5 · 0⤊ 1⤋
its depends on what is on the divorce papers . I went through this my ex took my daughter and moved to Florida and there wasn't anything i could do about it. but i know some people that cant move more than 50 miles away
2007-01-06 13:17:50 · answer #6 · answered by spuds36 3 · 0⤊ 0⤋
To remove the child out of state without consent of both parents...........is called LEGAL KIDNAPPING.........He can come and steal her right back and take her where ever he wants.........maybe so that you will not be able to find her. It sounds like he has financial resources that you don't have....so consider being on his bad side.
I moved from California half way across the country and lived in fear until I got my divorce.
2007-01-06 12:33:06 · answer #7 · answered by LucySD 7 · 0⤊ 0⤋
is he abusive or cheating if not i think that you can work it out if you have a back up plan i think that you are looking for it not to work . it is not illegal for you to leave with your kids. but if you get a divorce first and the courts order you joint custody than that would be illegal. but i would get a free consultation under a different name from a lawyer.
2007-01-06 12:30:51 · answer #8 · answered by cosmo26 2 · 1⤊ 0⤋
yes you can go anywhere you want, with her , as long as there is no custody order in effect. you can leave and when you get where you are going file for a divorce and custody.
2007-01-06 12:30:10 · answer #9 · answered by Mary O 6 · 1⤊ 0⤋
If he contests it then no, but then again it will be up to the judge.
2007-01-06 12:26:13 · answer #10 · answered by michelle a 4 · 0⤊ 0⤋