If two people have lived in the same city for the past 12 years, marry in that city and then have a child in that city, does the wife have a right to move out of town with the child if they divorce and expect the husband to have to fly to her if he wants to visit their child? or can the husband force her to stay in town so he can have equal visitation time with their child if they have shared custody and the husband is the clear bread winner in the relationship?
2007-03-05 10:57:42 · 15 answers · asked by Curious G 1 in Family & Relationships ➔ Marriage & Divorce
They have not divorced yet and the child is under 2 years old and the wife is wanting to move from southern california up to northern california, not out of state.
2007-03-05 11:28:20 · update #1
He can't force her to stay, but that doesn't mean she can leave with the child.
Why doesn't she just leave and leave the child where the child grew up. It seems rather selfish to take the child away from the father and move.
She always has the right to leave, the question is, can she take the child.
The child should stay, divorce is disrupting enough, leave the child with dad.
2007-03-05 11:02:56 · answer #1 · answered by camys_daddy 5 · 0⤊ 0⤋
If a Family court has ruled on joint custody and it was stipulated that the Father enjoy visitation rights and privelages, he has a right to contest the wife moving out of state and in turen she is required to notify or petition the court to do so if it will in anyway change the dynamics of the agreement.
If undue burden is placed on the Father's ability to have visitation with his children, and he is not able to make the journey to another state to cultivate and act with the interests of his and his children's relationship, he has a right to contest this move, or agree to it. However; the court may act as a mediary to create another more amicaple arrangement where possibly the father has extended summer time with his children at his home.
The court would most likely wish the parties to strike a compromise for the sake of all involved so that the Mother can puruse your liberties and freedoms while preserving the Father's right to have compensated visitation.
2007-03-05 11:13:38 · answer #2 · answered by The Sylvan Wizard 5 · 0⤊ 0⤋
If the husband does not file a stay orderin time yes the wife can leaveout of state. the reason for this is because whomever has physical custody of the children are in the eyes of the courts a custodial parent. to nulify this problem the stay order from the judge has to be upheld by the judge. which in turn allowes the wife very restricted movment concerning the children untill the case is completed.
2007-03-05 11:10:02 · answer #3 · answered by carloscvzs 1 · 0⤊ 0⤋
define abandon? in the event that they are abusive, properly then you fairly do no longer decide for them around. in the event that they are upstanding electorate, they are in all hazard paying new child help and vacationing the youngsters generally. in the event that they only bypass away, it fairly is going to be dealt with by skill of them being compelled to pay help. even nevertheless, it fairly is complicated in circumstances the place the mummy could be vindictive and attempt to instruct the youngsters against the father or basically does not worry to tell him she's pregnant. one element that could genuinely help is slicing off a number of the social classes that inspire single motherhood. at first you will in all hazard think of i'm a terrible guy or woman for suggesting it, yet evaluate that besides intentioned as they are, for the reason that each and all the social classes have long previous in to help we've seen further and extra expenditures of single mum and dad, no longer much less. there is far less social repercussion for abandoning your youngster if no one cares because of the fact the government will %. up the slack. In particular communities, women people certainly need to stop looking at it as i'd like a splash one and that i don't choose a guy. adult men could desire to stop looking at it as being waiting to unfold their seed everywhere they prefer without repercussions.
2016-09-30 06:10:27 · answer #4 · answered by Erika 4 · 0⤊ 0⤋
I knew a couple who lived in Ohio got divorced and the woman was going to take her children to Florida to live and her ex took her to court and she lost her children. She was supposed to ask before she could leave the state with the children. It is considered kidnapping when you are divorced. You would have to ask an attorney about what you can do.
2007-03-05 11:09:14 · answer #5 · answered by Nancy M 7 · 0⤊ 0⤋
I don't think it matter who the breadwinner in the relationship is. It's up to the State statures. I some states you have a radius of how far you can move, than you need some sort of consent from the former spouse. Check to see what the laws in your state are.
2007-03-05 11:06:54 · answer #6 · answered by cream city chick 2 · 0⤊ 0⤋
What do your divorce and custody papers say?
If they are not specified than you will need to contact your attorney to have them revised and request extended visitation of child or what ever the attorney says they can do legally. Do not hire an attorney that says he'll get you the moon, your only paying for his next European Trip.
2007-03-05 11:05:55 · answer #7 · answered by Nana 4 · 1⤊ 0⤋
The part about who flys where to visit. I have an exwife out of state, I have the kids, I have to take them half way or she comes to pick them up and I go get them. If it was so far that they would have to fly we would have to split the ticket cost. She was not allowed to leave the state with the kids. Indiana laws
2007-03-05 11:22:59 · answer #8 · answered by David J 2 · 0⤊ 0⤋
the spouse should expect a court battle. yes the spouse can be stopped. My friend was stopped from moving back to her home state, in spite of the fact that she was willing to send the daughter to dad for every school vacation and the entire summer on her dime.
2007-03-05 11:09:46 · answer #9 · answered by Pandora 7 · 0⤊ 0⤋
was it in the visitation papers that she cannot move?
seems like after being divorced 12 years, the kids should be getting pretty big?
2007-03-05 11:06:16 · answer #10 · answered by bronzebabekentucky 7 · 1⤊ 0⤋