if we got a divorce all of her family lives in california which is where she would go...im from iowa by the way. is their a way that i can ensure that my daughter stays with me?
2007-01-31 16:52:13 · 17 answers · asked by Anarchy 2 in Family & Relationships ➔ Marriage & Divorce
She cannot move your daughter out of state without your written consent. Here's a thought, make it easy on yourself, try working on your marriage, instead of putting your daughter through this.
2007-01-31 17:10:22 · answer #1 · answered by Lovebug123 5 · 0⤊ 0⤋
How old is your daughter, is she old enough to speak to a child advocate so she can establish who she wants to live with?
Do you know for a fact that your daughter would prefer to live with you? I am married and a stepmother myself and my stepdaughter is 7 so the court can only give her so much of a voice.
Divorce is a very difficult thing in itself. Is this a knee jerk reaction or a long time coming. Are you in any way responsible for the break down of the marital state? Does your wife work, abuse drugs, have a less than safe lifestyle?
If you want custody you have to be ready to get down into the mud because no matter how blind justice claims to be the blindfold slips in custody cases and whether right or wrong the child often goes to the mother.
2007-02-01 01:00:35 · answer #2 · answered by cornorama2 3 · 1⤊ 1⤋
Not unless you're wife is a crackhead or something equally dysfunctional. The courts are sexist when it comes to who gets the kids. It's almost always the women! Now, go and get yourself the best lawyer money can buy, and you might find yourself with an advantage. Prepare for a long and grueling custody battle.
2007-02-01 00:57:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I do not know what the laws are there but I believe that the wife has to stay in the same town as the father unless he gives permission for her to leave. I do not think she can get up and leave to California. That is what you call kidnapping. Take her to court and tell them you want visitation with your child. Tell them you are afraid she is going to leave to California and you will not be able to see your child.
2007-02-01 01:05:58 · answer #4 · answered by luvlisteningtomusic 6 · 1⤊ 0⤋
I dont know about Iowa law, but in California you cant leave a certain amount of miles (or the state) in most cases. Make sure that you have joint legal and joint custody. This way she cant take your daughte out of state. If for some odd reason she's allowed to move out of state....follow and file here. good luck. peace
2007-02-01 00:58:25 · answer #5 · answered by Anonymous · 1⤊ 1⤋
You should consult with a lawyer to see what the law is for your area. Several states do have laws preventing one parent from moving out of the state with the child without the other parent's written consent.
Good luck!
2007-02-01 01:00:42 · answer #6 · answered by Ruby V 4 · 1⤊ 0⤋
I am not sure of your State laws. But perhaps your wife is agreeable to joint custody? If so, you could opt for having your daughter during the summers and specific holidays.
2007-02-01 01:57:18 · answer #7 · answered by soozemusic 6 · 0⤊ 0⤋
No way unless u r able to establish in the Court that the daughter's welfare will be prejudiced if she stays with her mother.
2007-02-01 01:17:50 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Is it better for her to be with you, your wife, or both of you as was the deal she got when she signed on to this thing?
think about your child and if there is any way you can work it out with her mom, then try please. You can fall in love again if both of you try unless there is a deal breaker ie adultery or another one you have or she has.
Adultery was mine and that is why I had to get out of my one sided marriage! Good luck!
2007-02-01 01:04:54 · answer #9 · answered by Arene 3 · 0⤊ 0⤋
If your daughter wishes to stay with you, and she is at least 12 (in most states) she can state her wishes. Then you run into the problem of her wishing to stay with you, but getting pressure from mom... and add to that that mom may try to kidnap her....
2007-02-01 01:04:15 · answer #10 · answered by April 6 · 0⤊ 0⤋