we had a fight and i left for the night and talkd to her and she wants to leave the state until we agree on something, can she do that?
2007-07-20 04:49:51 · 13 answers · asked by coolstud669 1 in Family & Relationships ➔ Marriage & Divorce
Yes. If you want to stop her, get a lawyer asap.
2007-07-20 04:52:12 · answer #1 · answered by janicajayne 7 · 1⤊ 0⤋
As long as you are still married and there is no formal custody agreement, you both have equal rights to the children and either of you could take them out of state.
If you want to prevent her from removing the children, you will have to call a lawyer and have the court issue an order preventing anyone from taking the kids out of state without the permission of the court.
The problem here is that the court could agree with her reasons for leaving state. If she has to leave to provide better for the children, the court may allow it.
Chances are, her reasons will not be seen as compelling by the court or she will not fight the order keeping the kids in their home state.
2007-07-20 04:57:35 · answer #2 · answered by Melanie J 5 · 0⤊ 0⤋
I think that it may from state to state but I know from experience that if you both have joint custody and the kids are with her then she doesn't have to have permission from you (as the father). BUT, if you were to take the children out of town or out of the state, then you MUST have WRITTEN permission from her. Even before my divorce was final, I had to have permission before and after it was final. Hope this helps. Check with your laywer or whoever is drawing up your divorce papers.
2007-07-20 04:58:29 · answer #3 · answered by Scott R 2 · 0⤊ 0⤋
Go to friend of the court and make it a court order that she can not other wise yes she can.
2007-07-20 04:52:15 · answer #4 · answered by sophia_of_light 5 · 1⤊ 0⤋
She can leave on a vacation if she wants to. But she cant leave permanently without discussing it with you.
2007-07-20 05:42:35 · answer #5 · answered by Educated 7 · 0⤊ 0⤋
It does depend on the state you live in. YOU NEED A LAWYER.
2007-07-20 04:54:38 · answer #6 · answered by chris g 2 · 1⤊ 0⤋
Talk to a lawyer about it...I don't think she can go without you two agreeing as to the conditions...
2007-07-20 04:53:50 · answer #7 · answered by Anonymous · 0⤊ 1⤋
I am sure she can because as of now, she is still your wife. Talk to her, and ask her to come to a compromise about it.
2007-07-20 04:55:44 · answer #8 · answered by ilovelilPhof 3 · 0⤊ 0⤋
Sure, unless there is a court order prohibiting this.
2007-07-20 04:53:21 · answer #9 · answered by WC 7 · 1⤊ 0⤋
dont think so. i would consult a lawyer. if you may be divorcing ne ways your gonna need a good one.
2007-07-20 04:52:47 · answer #10 · answered by John B 2 · 0⤊ 0⤋