A married couple I know were having problems. They decided a separation might help and the wife left the state with the children and went across the country for about a year to live w/her parents. The husband supported this seperation, but had an agreement w/the wife and the inlaws that the children would only live with their grandparents, and that the wife and kids would return at the end of the school year. At no point did the father consent to let his children move across country indefinately. This was a verbal agreement between the father, the wife and the inlaws. Well, the couple have decided to divorce, but the wife appears to be refusing to return the children back to their home state. Does the father have any right to make his wife return with his children to their home state so he can have as normal a relationship with them as possible? They are still married and he never agreed to allow the children to move away indefinately.
2007-04-09 10:46:36 · 19 answers · asked by kidskidlet 2 in Family & Relationships ➔ Marriage & Divorce
Several things here. First, since the agreement was verbal andno one can probably prove what was said and agreed upon exactly, the court cant and wont enforce it on hearsay grounds. Second, he can file for divorce and try for custody but since they have been with mom and with no evident problems, and the kids arent complaining, chances are the courts will let the arrangement stand and award custody to mom. Third, dad did agree to let the kids go with mom temporary (both still hearsay) but dad didnt file legal complaint to stop move or after, so will have trouble bringing mom back for divorce proceedings. Sometimes the courts cant undo what people get into and this may be one of those times unfortunately, but he can file for divorce and see what happens. He just doesnt have any justifiable criminal charges to bring her and the kids back, Any court action other than divorce proceedings to retrieve the kids could be very expensive and time consuming. Good luck
2007-04-09 11:06:06 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
Here the thing she and the children are already out of state.If she files for the divorce in the state she living in now he has to come there to court and see his children, so she needs to file today. If he already file where he lives she has to go there in go to court he file that emotion but it might not hold up, here's why she already moved before the divorce was file, she already started a new life, kids in school? Don't know you didn't say. A person can make a home in any state they want. It don't matter that he didn't agree for the children to move away indefinitely. He allowed it and now they made a home in the state where they live. She really has to express her self in court if he has a good lawyer and fights for it all the way. She don't have to lesson to him.The courts are going to make that decision. She going to really have to prove that she made a life there with the kids or making a life there and the kids are happy. I personally think the kids should be in the same state, same town or county as the other person. Kids shouldn't be that far apart from the other parent unless the other patent is violent or on drugs. So he might have a good case. A lot of family courts don't agree with parents that far a part. Some one going to have to move.
2007-04-09 11:11:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
This is a matter for the courts to decide. Verbal agreements can be binding with witnesses but in the case of children and where they are to reside depends on who the custodial parent is. The courts take into account the distance between the residence of the children in comparison with the child support payer. It's a long drawn out mess that takes lawyers and a lot of money to resolve.
2007-04-09 10:52:09 · answer #3 · answered by The Druid 4 · 0⤊ 0⤋
Because they are still married thier probably is no custody order, therefore he has just as much rights to his children as she does. Because the child has resided in the other state over 6 months that state will have jurisdiction. It is now the kids home state. He could file for a custody hearing but being that the kids have been with the mom for so long she has an advantage. CONSULT AN ATTORNEY.
2007-04-09 11:32:12 · answer #4 · answered by Aaron S 3 · 0⤊ 0⤋
If he can prove that the children's address is in his state (how long have they been gone?) he can file in his state - see court orders have to be filed in the homestate of where the children reside. Since she left with his limited permission while they were married, he probably has no claim to kidnapping. If he can get the kids in his state for even a week, he will have a higher chance of stopping her from moving permanently. However he can always argue that she planned this from the beginning and possibly get the case moved to his state. He probably has a 50/50 chance of keeping them in his state. It really depends on precedent in his state though. He needs to act fast.
2007-04-09 10:55:53 · answer #5 · answered by Cassandra G 4 · 0⤊ 0⤋
He needs to chat with an attorney. Problem: The kids are in the new state, so I fear that he'll need an attorney THERE. To add insult to injury, his niceness may backfire since she gets to play the "I have been the primary caregiver" card at trial.
No, he has no right to "make his wife return with his children." The children are THEIRS, not his. He has the right to go to court and hash this out. Hope he has a lot of money.
2007-04-09 10:50:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It depends on your state and what your custody papers say - if the child is living with the custodial parent - the custodial parent has the right to determine where the child resides regardless of what the non-custodial parent says. Been through this my self. SO she can do whatever she wants - but there are visitation laws about rites the other parent has of they live over 100 miles apart. SO check your states custody laws. Hope this helps.
2007-04-09 11:50:43 · answer #7 · answered by kgperry70 2 · 0⤊ 0⤋
Alot of it depends on how long she has lived in the other state if she has been there longer than 6 months and/or has gotten a drivers license in that state then it makes things alot more difficult because she is already considered a legal resident in that state. Unless he can volentarily get her to come back he needs to get a lawyer and fight for his rights
2007-04-09 10:57:43 · answer #8 · answered by pickletbug 2 · 0⤊ 0⤋
This law is very state depending. I know in the state of Tennessee, the primary parent is allowed to take the
child(ren) anywhere they wish as long as the other parent was notified in writing at least 30 days in advance.
I would suggest you contact a child custody lawyer for the facts in your state.
2007-04-09 10:53:21 · answer #9 · answered by El Diablo 3 · 0⤊ 0⤋
I totally agree that your friend needs a lawyer right away. I am concerned that His children were away from him even with his consent. I hope he made frequent visits to see them. This is a very sad situation but he may have made a mistake by allowing her to go for the year. How were they to correct problems being so far away?
2007-04-09 11:10:38 · answer #10 · answered by lakelover 5 · 0⤊ 0⤋