she might want to move back. Their son is enrolled in school & her address has been changed. Can she take him out of school & move back home??
2007-10-03 12:17:16 · 10 answers · asked by luvmybabies 3 in Family & Relationships ➔ Marriage & Divorce
SHE ASKED ME TO POST THIS QUESTION FOR HER...
2007-10-03 12:25:43 · update #1
THEY ARE STILL MARRIED BUT HE IS TELLING HER THAT SHE CAN LEAVE BUT SHE CAN'T TAKE THEIR SON.
2007-10-03 12:26:46 · update #2
If she has a written custody arrangement and there is no provision that states she can't take him so far away from his father then she should be ok.
IF nothing is in writing then she needs to get something before she takes him out of state. Until there's an agreement establishing physical custody then both parents have a 50/50 entitlement to that child. Even though the majority stay with the mother, there would be NOTHING preventing him from going and taking the child back OR if she just leaves he can get an attorney in his jurisdiction to get an emergency order giving him temporary custody until a hearing can be held. (In order to establish residency a child needs to live in that state for a certain period of time, normally six months). Until then the jurisdiction remains in the county where she and her husband lived.
Again, each state has their own laws and requirements so she NEEDS to speak with an attorney first so she doesn't risk losing her son.
I've have seen many ugly cases in Court because the proper steps weren't taken. The person hurt the most by this is the child so please ask her to take 30 minutes and talk to an attorney.
Hope this helps!
2007-10-03 12:50:45 · answer #1 · answered by Georgia Peach 4 · 0⤊ 0⤋
Yes. She can move back to wherever she was or move somewhere completely different, at any time during the school year. She just needs to notify the school where she is currently and tell them what school the child will be transferring to so they can forward the school records to the new school. Not really a big deal as far as that goes.
edited:
That isn't what you asked to begin with. What you should have said was they are separated and he moved out of state. She followed him to try to work things out, but now thinks she may want to move back to her home state, but her husband says she can't take the child.
How long has she lived in this other state? Are they legally separated? How old is their son? Does he want to go with her, or stay with his dad? There's too many issues not in your post to know for sure. Her best bet would be to call an attorney in the state she is in now. Most of the time a consultation is free, or pretty cheap. Even if it costs $100.00, it would be worth it to get accurate information. I would not want to risk a kidnapping charge based on what someone on here told me....
2007-10-03 12:20:49 · answer #2 · answered by ♦justme♦ 6 · 0⤊ 0⤋
Depending on the State she lives in the laws may not allow her to take the child out of the state even though the there is no legal papers filed.
She needs to check the local laws so that it doesn't come back to haunt her if she decides to file for divorce.
No matter the circumstances of the separation she needs to stay close. The best thing to do in any case is to open a communication line between her and her husband and just sit down and talk. That is the only thing that will "work things out".
Putting distance between her and her husband will only prolong the problem and will not work anything out at all.
2007-10-03 12:56:34 · answer #3 · answered by tcs157 1 · 0⤊ 0⤋
I'm a little lost, but here's what I think:
1) If they are in the process of divorcing or whatever she needs to consult her attorney.
2) Depends on if she has primary custody.
3) she should definitely not do anything without talking to her husband b/c they share the care of their child. Things will go smoother if she is open and honest with her husband.
4) She can remove him and move back home, but she needs to analyze her plan for things b/c constant changes will be very confusing to her son.
I would say weigh the options, discuss with the father, and make the best decision she can for her and her son.
2007-10-03 12:22:45 · answer #4 · answered by famurattla 2 · 0⤊ 0⤋
She can, but needs to call the school to make sure that they will accomodate for him and not hold him back the year.
She needs to consider whether or not this is a (semi)-permanente move as well, as moving a school-age child back and forth is not good for his mental health or social circles.
2007-10-03 12:22:42 · answer #5 · answered by HE'S NOT INTO ME 4 · 0⤊ 0⤋
really not sure what your asking..but if it is can the mother of the children move her kids, the answer is yes. If she has custody, then there is not a problem
2007-10-03 12:21:46 · answer #6 · answered by Annie 4 · 0⤊ 0⤋
YES she can- so long as she still allows her son contact with his father - anyhow it is not your life
2007-10-03 12:19:59 · answer #7 · answered by fairypelican 6 · 0⤊ 0⤋
Um...yes---have you never heard of a new kid in school? Jeepers, we moved all the TIME when I was in school.
2007-10-03 12:27:14 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If she has custody of her child then the answer is "yes".
2007-10-03 12:20:06 · answer #9 · answered by Mathsorcerer 7 · 0⤊ 0⤋
I would stay out of it...not your business.
2007-10-03 13:03:06 · answer #10 · answered by taljalea 5 · 0⤊ 0⤋