Can I move with my son to another city and file for divorce? - Child Custody Law Questions and Answers- LawQA.com

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Can I move with my son to another city and file for divorce?

My wife has been cheating & has a drug problem. She is living in a bad environment with my son. Can I move to another city closer to family with my son to file for divorce and custody. I have to move from our current residence in two weeks and need to make a decision, but do not want our 2 yo son living in that type of environment.

Beresford Booth PLLC
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It is best to move under a court order allowing the move.

Answer Applies to: Washington
Replied: 8/4/2011

Neville J. Bedford Attorney at Law
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The only thing that may prevent you from moving is your wife or the court. Seek advice from an attorney in your area to understand the many varied possibilities depending on the facts and circumstances.

Answer Applies to: Rhode Island
Replied: 7/25/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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There are too many pitfalls for a lawyer to answer a question this broad and far reaching without a good face to face. I know that sounds like a cop out but trust me, I could answer your question here and there would be 25 people who would interpret the answer all of them differently, and neither I nor any other lawyer can take that kind of exposure. If this is pending in the Dallas or Collin County area, let me know, otherwise, you really should consult with a lawyer either in your current town or where you want to move.

Answer Applies to: Texas
Replied: 7/22/2011

Law Office of Robert L. Fiedler
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While I am not suggesting that you can, if you do do that you should do it before filing for divorce.

Answer Applies to: Connecticut
Replied: 7/21/2011

Michael Anthony Wing, P.C.
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Either parent can take the child wherever they want while married. If you move to another jurisdiction, you will need 6 months of residence to establish jurisdiction. If the city is in the same state, I think you can just file in the new city. See if you can work it out, so your son will have two parents. Stay well.

Answer Applies to: Alabama
Replied: 7/21/2011

Answer By Joanna Mitchell
Joanna Mitchell & Associates, P.A.
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Yes, you can move to another city, but you should not move more than 50 miles away and you cannot just "take" your son. If you do just take him, she can simply come and get him, and it could appear that you were trying to abscond with your son without her permission, which could later hurt you in the case. Best to file divorce, get a temporary order permitting the move (if it is more than 50 miles away), and proceed from there. And if you move far away, you will still need to file divorce in the county where you last resided together as Husband and Wife.

Answer Applies to: Florida
Replied: 7/21/2011

Seattle Divorce Services
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You would do better to file for divorce now and bring a motion asking the court for permission to take your son with you to the new area. If you move with your son without doing that, you risk the court stepping in after you have moved and ordering you to return your son to the mother. If that happens you are in more of a bind because you have set up a new home far from where your son will be.

Answer Applies to: Washington
Replied: 7/21/2011

Answer By David Goldman
Apple Law Firm PLLC
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Generally you can, but you should discuss it with your divorce attorney to see if there are any restrictions in your divorce or if any legal permission needs to be obtained prior to your move.

Answer Applies to: Florida
Replied: 7/21/2011

Answer By James Lentz
Law Office of James Lentz
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I would say you are in for a fight, but you may well get what you want. BUT by moving,,you will not avoid the filing against your wife in the county where you and she currently live. Before you do anything, please see a domestic relations attorney.

Answer Applies to: Ohio
Replied: 7/21/2011

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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If there are no court orders describing each parent's authority, there is nothing to prevent you from moving other than the potential harm to your son that intensifying the conflict with his mother and depriving him of contact with her might create. You should give serious thought to finding a way to end your marriage and establish a satisfactory parenting plan in as amicable and calm way as possible. If that can be done while moving a bit farther away, there is nothing to prevent that yet. But, you need to consult both a lawyer and a mental health professional for additional information and advice on how to resolve things quickly and with the least adverse impact on your son.

Answer Applies to: Colorado
Replied: 7/21/2011

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