My wife is from NY and I'm from CA. We live in CA for the last few years and have one child. If we divorce...can she take the Kid out of state back to NY? Do I have any rights to keep my kid in CA. Visitation to NY is kinda far.
2007-01-15 04:45:05 · 4 answers · asked by WangoTang0 1 in Family & Relationships ➔ Marriage & Divorce
It all depends on the divorce agreement. If she is the custodial parent she can pretty much do what she wants.
2007-01-15 04:50:45 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you get 50/50 custody no she can not move away with the child. I just got divorced and it is part of the divorce decree that she can not move away with the child and if she tries to or does I can report her to the court system. 90 days after our first child was born she told me that she had wanted a divorce for over a year and just wanted the child. I refused to give her full custody because I feel I should part of the child's life. I get my little girl who is almost two now every Fri-Sat-Sun-Mon. Monday afternoon her mother picks her up and has her til she drops her off on Fri. morning at daycare. Remember you will have to see your ex for along time to come. But you need to talk so you can stay on the same page as far as raising your child. Good Luck. I was married to my ex for 7 years and together for 10. Yes we get along for the child's sake.
2007-01-15 12:59:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
most states require a 30 day written notice for the other to take the child out of state where you both resided. this gives you the option to take the other to court to block it from happening.
the courts do look at the fact that you have a legal right to see your child without the problem of traveling so far. if she were to move out of state this would definitely be a problem that would be bad for the child/non-custody parent. you are entitled to see your child and not have an added financial burden added to it because she chose to move to the other side of the united states. if she is able to move anyway, have the courts make the provision that she pay and be liable to have the child visitations continued since she is the one wanting to move. this may change her mind to leave across the country.
2007-01-15 12:59:21 · answer #3 · answered by Hawksflyn2u 1 · 0⤊ 0⤋
You need a lawyer because she probably can . Your lawyer can prevent it or have her be responsible for half the air fare to see your child.
2007-01-15 13:00:30 · answer #4 · answered by kitkat 7 · 0⤊ 0⤋