My spouse and i just found out that his ex wife wants to move out of state, and by out of state i mean to idaho. they have 2 children together. in the divorce agreement it states that neither one of them, refering to the parents can not take the minor children out of state with out the written consent of the other parent. can she do this she has not even talked about it to my spouse. we all currently live in MN if that helps with knowing the laws. any help would be nice. and could we take it to the courts without a lawyer to just merely bring it to their attention that she thinks she can do what she wants.
2007-11-15 02:47:53 · 24 answers · asked by fruitloop247 3 in Family & Relationships ➔ Marriage & Divorce
one more thing, i don't understand why people always say the step parent doesn't matter, and to let the 2 parents deal with it because they are not my kids. well to all who have issues with a step parent caring about the well being of their step kids needs to take a step back and realize that i am asking this question because i do care and if people knew the whole story behind these two children and how there mom is well i would suggest someone to be in our shoes. For the people saying to buy a plane ticket to see them, not everyone is as rich or can afford to do things like that.
2007-11-15 03:04:07 · update #1
No she can not without permission. You can go to the circuit clerk in your county, tell them your situation and they will give you the proper forms to fill out and give you a court date.
2007-11-15 03:02:20 · answer #1 · answered by fashion4dummies 2 · 0⤊ 0⤋
No she can not take the children out of state without his permission. If she does she is in violation of a court order and could be charged with kidnapping. My BIL just went thru this same thing. He had to get a lawyer and then had to file for an injunction to stop her from leaving with their son. It was granted and they went to court and the judge told her she could not remove the child from the state. If she did she would face parental kidnapping charges and could lose custody.
This was in MN but I think you will need to get a lawyer and start proceedings to make sure she stays in the state. It would be harder to deal with if she moves.
2007-11-15 10:56:45 · answer #2 · answered by mnwomen 7 · 1⤊ 0⤋
An agreement is the same as a contract and no.....if the agreement strickly states she has to give prior knowledge, she needs that. I'd first have your husband (if you say anything to her, it might make things worse) remind her of the agreement and try to talk to her about it first. Then if that didn't work, you will probably have to take it to court (a lawyer would be helpful, but if you have the agreement in writing with witnesses signed and a nottory {sp} it might not be nessary).
2007-11-15 11:58:45 · answer #3 · answered by muzacmaster44 3 · 0⤊ 0⤋
It would be kidnapping if she did. Ask his lawyer how to proceed, but it's not a problem until she does it. Think of the children though, it would be rough on them if you were to just let her go through with it and then press charges, so it's probably going to be best to have his lawyer contact her BEFORE HAND to let her know she can not legally move out of state without his written consent, and that is not something he is willing to provide (presumably). If that is the case, she may file suit to gain the ability to move out of state with them, and then it will be based on a court ruling, but really that's her only (legal) option if she needs to move.
2007-11-15 10:56:05 · answer #4 · answered by justfarting 2 · 0⤊ 0⤋
From another Minnesotan:
If it's in a legally binding agreement (which I'm sure it is) she doesn't have a leg to stand on. Unless your husband either amends the previous agreement or she fights through the courts to get that changed, she can not legally take his children out of state.
That being said, unless she actually takes them out of state or you have proof of her plans to take them out of state there is nothing you can really do about it.
Sidenote:
If you are really concerned that she might "sneak them" out of state this would be basis to try to fight for more custody rights (I'm assuming that right now they have joint, you would probably be fighting for full). This will take a really good lawyer and a lot of time and energy though. Plus, to be honest it probably wouldn't accomplish much.
2007-11-15 10:58:36 · answer #5 · answered by miss_nikki 5 · 1⤊ 0⤋
If that was stated in the agreement, then no she cannot take the children out of the state. She would have to go to court and prove a good reason for moving out of the state. You should really get a lawyer if you dont have one.
2007-11-15 10:51:27 · answer #6 · answered by Anonymous · 1⤊ 2⤋
as long as the children are minors a simple application in the court should be sufficent in preventing her from taking the children out of the state as the same will be treated as an insult to the Hon'able court and also to the Law of the land
2007-11-15 10:54:06 · answer #7 · answered by BigDK 4 · 0⤊ 0⤋
Well if the divorce agreement states that she cannot move out of state without his agreeing, then I'd say that she's moving alone or not moving at all. I would contact your local courthouse and ask them what you can do. If this agreement is in writing and signed then you don't have anything to worry about.
2007-11-15 10:53:54 · answer #8 · answered by ~Sara~ 5 · 0⤊ 0⤋
If it was in the divorce agreement, then she has to get his consent to move the kids out of state. Bring this to her attention. If she still plans on taking the kids and your husband doesn't agree to it, then your best bet is to get a lawyer and take it to court.
2007-11-15 10:52:37 · answer #9 · answered by ,.l 2 · 1⤊ 1⤋
I dont know the law but if ther is a agreement then she can loose custody of the children if she breaks it. That is my understanding. If you do have a lawyer you guys may want to talk to him and then discuss it with her. Because if the agreement was part of the divorce and then she is breaking the law if she breaks the agreement. Hope things work out for you.
2007-11-15 10:53:11 · answer #10 · answered by sassylyn 2 · 0⤊ 1⤋
Get a lawyer right now and head to the Family court. Once she leaves it will be very difficult to get those kids back in this state.
2007-11-15 11:37:51 · answer #11 · answered by bootsontheroad 6 · 1⤊ 0⤋