I had filed for divorce three months ago but have since then attempted to work out some of our marital issues unsuccessfully. Primarily due to blending issues. She did agree to move if I bought her a car in which I did eagerly. She changed her mind though days after I made the purchase. I have three children who live two states away, and I need to be closer to them and my wife wants no part of it. She hates my children. her words not mine. We have a one year old daughter that between us. My wife now works full time and I work out of the house so I am able to be at home with my daughter. I have filed for physical custody of my daughter can I leave the state to be closer to my other children. Also my wife is not a citizen, she does have a green card though. Not sure if that has any bearing. I would like to leave this situation with my daughter but I want to do this legally.
2007-12-12 15:40:35 · 10 answers · asked by simon b 1 in Family & Relationships ➔ Marriage & Divorce
If there are visitation issues at stake, you cannot up and move; it must be cleared with the courts
2007-12-12 15:54:54 · answer #1 · answered by Experto Credo 7 · 0⤊ 0⤋
No you cannot. Your wife can fight and win to keep you from moving from the state. If you leave before finalizing the divorce and the agreement to the terms of custody, you will be guilty of kidnapping. Just because you have filed for physical custody does not mean the court will award you full custody of your child. I have to tell you, that is hateful to take your daughter and move her away from her mother like that. In order for a judge to deem you complete custody, you would have to prove her an unfit mother.
2007-12-12 15:45:20 · answer #2 · answered by Sparkles 7 · 0⤊ 0⤋
As long as you have a case pending, you can not leave that state until custody has been decided... permanently UNLESS you ask permission from the courts. I learned this one the hard way. I would file for the jude to grant you to move pending the case... if not, she just might want custody to stay in the country. Again, I learned all this the hard way with my daughter when I married a man in the military and had a child support case pending...
2007-12-12 15:49:39 · answer #3 · answered by Scarlett 1 · 0⤊ 0⤋
Ask your attorney!
In most states, no, you cannot leave the state with the child unless you have the consent of the other parent.
Be careful. If you do leave the state with the child without consent, you could be arrested for kidnapping... and trust me. That will NOT help your case any.
Good luck.
2007-12-12 15:46:03 · answer #4 · answered by box of rain 7 · 1⤊ 0⤋
From what I understand from my own daughters divorce is that you can't move right away - it has to be a year or something before you can do that. Get a good attorney, fast!
2007-12-12 15:50:26 · answer #5 · answered by karenhjones 3 · 0⤊ 0⤋
This is complex; you need a good attorney. Normally, you can't move to another state and deprive the ex-spouse of parental visitation.
2007-12-12 15:46:12 · answer #6 · answered by seeitmiway32 5 · 1⤊ 0⤋
you can not leave until the Devorice is final and even then you maybe restrickted to living in that county it is amazing how much power someone can have over your life in cases like this good luck to you
2007-12-12 17:20:02 · answer #7 · answered by sunshine 2 · 0⤊ 0⤋
you may have filed but you still have a parent that gets to have visitation. you can not just move out of state without court permission....
you picked her, you had a child with her, now you have to live with it!!!
2007-12-12 15:49:22 · answer #8 · answered by Anonymous · 0⤊ 1⤋
I DONT THINK YOU CAN I THINK YOU HAVE TO GET PERMISSION FROM HER AND HAVE IT SIGNED BY A NOTARY PUBLIC WITH HER HAVING A GREEN CARD I THINK SHE IS LEGAL TO BE HERE I CAN TELL YOU MY EX HUSBAND LET ME MOVE MY DAUGHTER TO ANOTHER STATE IT WAS AGREED ON AND SIGNED BY THE NOTARY AND IT WAS LEGAL AND BINDING
2007-12-12 15:49:30 · answer #9 · answered by paula c 2 · 0⤊ 0⤋
everything has to be on paper. our your screwed.
2007-12-12 15:49:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋