Can I file injunction to prevent my wife from moving out of state with my two children? - Child Custody Law Questions and Answers- LawQA.com

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Can I file injunction to prevent my wife from moving out of state with my two children?

Just finalized divorce a week ago (joint custodo). My wife told me she is moving out of state in two weeks. I am disabled on a fixed income. This move will prevent me from being able to see my two small children?

Answer By Victor Varga

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Yes.

Answer Applies to: Maryland
Replied: 1/8/2013

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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If the parenting plan adopted in your divorce decree does not deal with the question of relocation you can file a motion with the court to ask that the relocation be prevented. That will be decided based on the best interests of the children. The obvious impact on your involvement as a parent is one important fact in deciding what is best for the children, but that decision does not involve your "rights". The issues relate to the children's rights - not yours.

Answer Applies to: Colorado
Replied: 1/2/2013

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Contact your attorney and have the orders clarified to put in the geo restriction. If you did this yourself, you can now see why you should never represent yourself in court because I am certain without even seeing the docs that you do not have a geo restriction and you are in fact, screwed. She is about to leave and destroy your relationship with your kids because you wanted to play lawyer.

Answer Applies to: Texas
Replied: 1/2/2013

Answer By Cathy R. Cook
The Law Office of Cathy R. Cook
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Check your shared parenting plan. It should have a restriction on moving out of state without your agreement or court permission. If not, check the local court rules, as they may require her to obtain court permission to move. You may need to file a motion to stop her from taking the children while the issue of her move is pending. Consult a local attorney to assist you.

Answer Applies to: Ohio
Replied: 1/1/2013


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Yes, you can file a Request for Order preventing your ex wife from moving. If she is moving soon you should file an ex parte motion to request that the court order her not to move until a hearing on her request to move away.

Answer Applies to: California
Replied: 12/31/2012


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You can use the courts to intervene in a case like this, but a temporary injunction is not the usual way to do it. If a spouse wants to take children out of state for more than 90 days, and the other parent has any custody or placement rights, she must send you a notice sixty days in advance, with detail about where she is going to live and when she is moving. You have a short time (I think 15 days) to file with the Court an Objection to the move, and request a hearing. Do not let anytime pass without taking action. Find a skilled family lawyer as soon as possible, and today is not too soon.

Answer Applies to: Wisconsin
Replied: 12/31/2012

Gregory T. Buckley, Attorney at Law
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If she wants move with the children, she either needs your permission or she needs to comply with the provisions of Florida's Parental Relocation statute (Chapter 61.13001).

Answer Applies to: Florida
Replied: 12/31/2012


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Yes, file to keep your children here.

Answer Applies to: Maryland
Replied: 12/31/2012

Peters Law, PLLC
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You should be able to. The law in Idaho is that neither parent can move out of the state with the children unless the other parent agrees or it is in the best interests of the children. If you are able to take care of the children here, then just that she is going to get a better job should not be enough. When you file your motion for the injunction, attach a copy of whatever she sent you saying that she was moving. If it is only oral, you can go with that, but written is better if it is available.

Answer Applies to: Idaho
Replied: 12/31/2012

Answer By Eric S. Lumberg

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The judgment should restrict this action. Hire an attorney to review the issue and have the court address your concerns.

Answer Applies to: Michigan
Replied: 12/31/2012

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