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Children and Separation

Legal Question: My wife and I have decided to get a divorce. Currently, no paper work has been filed for the divorce. She is planning to move. Does the law require that I have to let my kids move with her as well? What is the law regarding kids if the divorce proceedings have not started yet? Please help.

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  • dcdon Nov 27, 2008

    Thanks for responding Lee. We are going to have a custody battle. All of the documentation that I have research indicate the court is most liking to allow the kids to stay with the parent who they reside with prior to the divorce. If that is true, why should I let my kids move with her?

  • dcdon Nov 27, 2008

    The kids are 11 and 9. My son has strongly voiced his desire to stay with me. By law, prior the divorce proceedings, am I required to let my wife take the kids? If she wants to move prior to the divorce, do my kids have to go as well?

  • dcdon Nov 27, 2008

    I am in the US.

  • dcdon Nov 27, 2008

    Great response. What if she tries to take them and move them when I am working out of town? How can I legally get them back?

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Custody cases generally result in some type of shared authorized and actual physical custody agreement between the parents. Joint custody signifies that both mother and father with possess equal degrees of time with all the children. On the other hand, where one particular parent will be deemed unfit in fact it is not from the best interests with the children to get time achievable parent. In this type of situation, one parent might be granted custody. For more guidelines : http://www.rosenblumlawlv.com/

Posted on Aug 16, 2014

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It really depends on the state that you are living. The best thing you can do now is talk to a lawyer to help you with this problem legally unless you really know what the law tells on this. But assume that you don't have any idea because your're asking here.

http://www.famlawcal.com/

Posted on Dec 17, 2013

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The first thing that you need to do is to go to court and file a petition for custody of your children-before anything else is done and before she does so! If you file first, you are heard first. Also, if she then leaves she will not be able to legally take them with her (if the hearing gives you custody) and you will be looked on more favoribly if you sought the relief of the court (if the hearing has not taken place before she leaves) proir to moving the children-it shows your interest in them and the system before she does anything. Hope that this helps! I would suggest that you both talk and understand that though you can not live together it doesn't mean that you both need to stop being parents. You can reach a solution that is beneficial for yourselves and the children as well-that is your jobs as parents.

Posted on Mar 16, 2009

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If your in the states. It depends on what state slightly, most states she would have to prove that it was more beneficial for the kids to move with her. More financially stable. Better schools. If you are considered a danger etc. If she just up and moves with the kids. Depending on your parental rights she can be charged with kidnapping as well. without knowing what state or country your in the answer to the question is not exact

Posted on Jan 02, 2009

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Strange question, but in this country possetion is 9 tenths of the law, unless you have a court order against you regarding the kids then the law expects you to come to an agreement between yourselves, so they don't have to live with her if they don't want to

hope this helps

Posted on Nov 27, 2008

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  • Lee Hodgson
    Lee Hodgson Nov 27, 2008

    the courts should air on the side of the parent who can provide the best stability and care for the children, if the children are over a certain age then their feelings will be taken into account

  • Lee Hodgson
    Lee Hodgson Nov 27, 2008

    are you in the us or uk?

  • Lee Hodgson
    Lee Hodgson Nov 27, 2008

    to be honest with you, i don't think that your kids have to go with thier mother at all, but that is something you are going to have to sort out between you and your wife, only after a custody battle has concluded and any restrictions apply can the law get involved

  • Lee Hodgson
    Lee Hodgson Nov 27, 2008

    the only thing i can think of if you fear that she will is get a restraining order on her.
    its a bit drastic but if you fear that will happen..............


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