Assuming you are granted joint custody, I would like to know if there is any (legal) way to prevent your ex-wife from moving to the other side of the country with your child, making it impossible to see them regularly.
2007-04-06 15:48:29 · 22 answers · asked by wrench50cal 2 in Family & Relationships ➔ Marriage & Divorce
Read your divorce papers. There could be a provision within the papers that states she has to give you a certain amount of notice that she is moving out of state. You can't stop her from moving. From "reading between the lines" she is residential parent (her address is listed as their place of residence and live with her the majority of the time) If there is no provision, or even if there is your best course of action will be to go back to court (some courts allow you to file a petition without a lawyer) and have a judge stipulate what the rules for visitation will be. This is the only way you can ensure that you will not be completely cut off from the children. You can stipulate that she has to help with the cost of travel, or meet you half way. If she doesn't want to do either, then you can ask that the support be reduced because she doesn't want to help with the expenses of visitation. Keep clear and accurate records about visitation times, whether or not she postpones/cancels any visitation for whatever reason. If the visitation schedule ends up being open-ended (you have rights when ever you can get to the kids) send her certified letters about your intended visitation time. Make sure it includes times, dates, etc. Send a copy to her certified mail, send a copy to the lawyers/courthouse to be placed in files. Protect yourself. If she is doing this to try and keep the kids away from you for whatever reasons, you do have rights as a father. If she does move and screws around with visitation to the point you just can't see them and you have proof of this, it will not go well for her if you end up taking her back to court because of any problems she would cause you when trying to see your kids. I would do my best to see a judge before she moves and let him hear both sides. If you can show proof or give speculation of proof that she is doing it to be spiteful then the judge will take it into serious consideration. Be prepared with "she does/doesn't have a job", does/doesn't know anyone where she's moving, etc. Have as much support for the reason they need to stay close to you as you can, but don't get into a he said/she said over it. Judges just want the facts as much as possible for any given situation. Also, depending on the age of the child, the judge may ask them how they would feel being so far away from dad. And too, if you fear for their safety so far a way, you can petition to be the residential parent. Good luck in whatever you decide!
2007-04-06 16:03:52 · answer #1 · answered by swee_pea630 3 · 0⤊ 0⤋
Depending on the state you live in... you have to have permission to move more than so many miles away from your former spouse when a child is involved.
You really need to talk to an attorney to find out in your particular situation, but in more cases YES you can. =D
2007-04-06 16:04:34 · answer #2 · answered by Its Just Me! 2 · 0⤊ 0⤋
What does your divorce decree say? That's your Bible. As a general rule, courts frown on such an act, but she can't be stopped if it isn't written out unless you take her back to court for this purpose. Unless she can prove beyond a doubt the move will be in the best interest of the children (which is doubtful), you'll win. Hope you have a good, cheap lawyer because she'll have you back in court again ... and again ... and again.
2007-04-06 16:01:00 · answer #3 · answered by Stephen C 3 · 0⤊ 0⤋
It would depend on your custody papers of the child or children and your state laws. Most of the time they grant joint custody so both parents get equal amount of time to spend with the child or children. But if your ex-wife is wanting to move across the country I would ask your lawyer what you can do to prevent this from happening. Good Luck!
2007-04-06 16:26:07 · answer #4 · answered by ? 2 · 0⤊ 0⤋
If the move is good for the ex and the child, please don't stand in their way. However if it's only out of spite to make your life difficult, then you can try to get an attorney to help you. I know in some cases they can get an injuction saying that the spouse can move no further than 150 miles away etc...
2007-04-06 15:52:48 · answer #5 · answered by kherome 5 · 0⤊ 0⤋
Call your attorney immediately! I believe there are stipulations to taking a child out of state making it impossible to visit. If you can't get your atty on the line, call for a free consultation from one in the phone book. Do this asap so you will have time to get answers and hopefully take legal action. Good luck and God bless.
2007-04-06 15:53:47 · answer #6 · answered by Czech Chick 4 · 0⤊ 0⤋
Yes - take it to court. You'll have a much better chance of proving to the judge that you are a constant, important part of your child's life if you have been regularly acting as a parent and responsibly paying your share of child support.
2007-04-06 16:24:11 · answer #7 · answered by Maureen 7 · 0⤊ 0⤋
Yes, there is a way. We did it with my husband's ex. Hire an attorney that specializes in family law and child custody. DO IT BEFORE SHE MOVES!!! If you can show that the child has family and support and is comfortable here, then you should be able to fight the good fight.
2007-04-06 16:11:04 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I was of the understanding that they couldn't do this without permission from you or the courts. Find yourself a lawyer that gives you the first twenty minutes for free and see what you can find out, or get in touch with child welfare services in your area.
2007-04-06 15:56:45 · answer #9 · answered by Alwyn C 5 · 0⤊ 0⤋
It probably depends on the state and the actual custody agreement.
My guess is yes you can and should; but you'll need an attorney to do it. Don't mess around, get one now.
2007-04-06 15:53:27 · answer #10 · answered by Glen G 3 · 0⤊ 0⤋