The parents are still married, separated, but nothing filed. The mother wants to move to NC with the 2 kids (14 & 17). How can he stop the move?
2007-08-12 05:42:22 · 10 answers · asked by jilyzs 1 in Family & Relationships ➔ Family
filed for divorce and an injunction to determine custody of the kids, while this is going on she cant move the kids out of state without court approval
2007-08-12 05:46:30 · answer #1 · answered by antoinio i 4 · 0⤊ 0⤋
Depends on the laws of the state. If there is a visitation agreement and it is contingent that said father get kids half the week then yeah - he could stop the move. If no visitation agreement exists then maybe the mother and the father should get together, disucss the issue and how to feasibly get the kids to each party with reasonable time. Since these kids are so old then no, but keep in mind they can choose to live with the father in Ohio.
2007-08-12 05:48:14 · answer #2 · answered by auburnyellowrose 2 · 0⤊ 0⤋
He needs the advice of an attorney, the laws vary from state to state.
I agree that he needs to file for divorce, the custody agreement will contain all the finite details about who can move where and how far, and if they do move, who pays for travel.
Get an attorney, don't take a chance with Yahoo answers coming up with legal advice, there is too much at stake.
2007-08-12 05:51:09 · answer #3 · answered by Michael H 7 · 0⤊ 0⤋
I'm from Ohio. Go and file custody of the kids. Just because they are with her it doesn't mean she has custody unless she has filed for it. Only one of them can file so first is first. It will "buy" him time BUT get a great divorce lawyer IMMEDIATELY to follow up on the motion.Get the lawyer NOW. Guys are all too lately shunned out of their rights. Fight for your kids.By the way I am a woman...just my opinion
2007-08-12 06:21:19 · answer #4 · answered by Boston Pattianne55 3 · 0⤊ 0⤋
Can he move away with your children? Why can you move away with his?
Until custody is settled both parents have custody. Even when divorced there are visitation rights, and child-support responsibilities.
If you are getting a divorce, even eventually, your taking off with the kids is documentable, and can make you look bad to a judge who decides things like parental rights, and child support. Any attorney worth his paycheck will see that. Ask one, they will give you much better, specific, ohio local legal advice.
2007-08-12 05:47:43 · answer #5 · answered by Curly 6 · 0⤊ 1⤋
Go file. It is the only way to stop her. And yes you can stop her. Once papers are filed she has to have your permission to move more than 50 miles from you.
2007-08-12 05:47:18 · answer #6 · answered by redneckwoman 1 · 0⤊ 0⤋
by the laws of ohio he can't stop her from moving and taking the kids,since they are not divorced and no papers pending
2007-08-12 07:15:21 · answer #7 · answered by gypsy 2 · 0⤊ 0⤋
go down and talk to a judge,he can stop it ,till things can be sorted out.
2007-08-12 05:48:52 · answer #8 · answered by john doe 5 · 0⤊ 0⤋
He can't.
2007-08-12 05:46:58 · answer #9 · answered by miyazaki75 4 · 0⤊ 0⤋
he can't
2007-08-12 05:49:49 · answer #10 · answered by Jay P 5 · 0⤊ 0⤋