Can my wife move out of state with my son without my permission? - Child Custody Law Questions and Answers- LawQA.com

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Can my wife move out of state with my son without my permission?

I just found out that my wife wants to move to New York with my son, without letting me know. Can I stop that? We are talking about separation and joint custody of our 9 year old son, but today I found out that she is planning to move to New York without letting me know, what can I do to stop this?

Answer By Karen A. Clark
Law Office of Karen A. Clark, L.L.C.
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No parent has the right to unlawfully deny the other parent access to his/her child or children. The parent who unlawfully removes a child or children from the state can be charged with a felony. You should meet with an attorney immediately to draft a temporary custody order and a parenting plan. A parenting plan will prevent a parent from removing a child or children from the jurisdiction without proper notice to the other parent and giving that parent the opportunity to file an objection. Please feel free to call if you need help.

Answer Applies to: Washington
Replied: 6/26/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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File for divorce ASAP and restrict the child's residence. I represent fathers and strongly advocate for father's rights.

Answer Applies to: Texas
Replied: 6/15/2011

Michael Anthony Wing, P.C.
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Either parent can take the child where they want to while married. Accordingly, without filing for divorce, I don't know what you could do to prevent her action. If you file for divorce, you would also need to file a petition for an order preventing the move. This sounds like one of those situations where divorce may be your only option. I personally advise my clients to attempt to avoid divorce when children are involved, but there are circumstances that sometimes cannot be avoided. Stay well.

Answer Applies to: Alabama
Replied: 6/14/2011

Law Office of Robert L. Fiedler
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You need to immediately file for divorce, separation or custody. Without that filing, she can move without being subject to a court order preventing it. If she does move, you would need to immediately file the same thing but also a motion for a return of the children.

Answer Applies to: Connecticut
Replied: 6/14/2011

Beresford Booth PLLC
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You should file a petition for dissolution or legal separation and ask the Court to restrain her move.

Answer Applies to: Washington
Replied: 6/13/2011

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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Yes, she can unless you file for a divorce before she leaves. Once you file and have her served the papers she will have to have your consent or permission from the judge. Whether a judge will permit her to remove the child is totally a matter for the judge's discretion based on the facts and circumstances.

Answer Applies to: Colorado
Replied: 6/13/2011

Answer By Joanna Mitchell
Joanna Mitchell & Associates, P.A.
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You should hire an attorney immediately in order to file the appropriate paperwork to keep her from leaving. It is much easier to keep her here, than it is to bring her back. Technically, she is not permitted to move without your consent. However, until there is a court order specifically stating that, she is technically not breaking any laws. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office.

Answer Applies to: Florida
Replied: 6/13/2011

Answer By Michael Rose
Michael Rose Attorney at Law
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Airlines require a signed note from the other parent to fly with a child. Check the airlines for their rules. You say without you knowing, but you know. Yes, you can stop her. Is there divorce in your future? Consult an attorney on your situation.

Answer Applies to: California
Replied: 6/12/2011

Cody and Gonillo, LLP
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Bring a motion immediately.

Answer Applies to: Connecticut
Replied: 6/12/2011

Theodore W. Robinson, P.C.
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Yes, you can stop it and you should. She should go to the Family Court and seek permission first and if she doesn't, you may seek custody and perhaps get it based upon her stated intent to leave the state without making preparations for visitation, etc. You can go to court yourself and seek such an Order. Speak to a custody attorney. Good luck.

Answer Applies to: New York
Replied: 6/11/2011

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