Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
A friend of mine wants to move out of state. Since she wants to take her children with her can she legally do that while she is still married and in the process of a divorice?
She has always been a stay at home mom but will be able to support them through the help of family where she is wanting to move.
A friend of mine wants to move out of state. Since she wants to take her children with her can she legally do that while she is still married and in the process of a divorice?
She has always been a stay at home mom but will be able to support them through the help of family where she is wanting to move.
Right now she lives in IL.
IMO she should check with her attorney before she moves out of state with the children.
Years ago I moved out of state, but first I got my husband's written permission to do so. Otherwise I might have been spending a lot of money on moving companies dragging my stuff back and forth if he decided to fight me on it.
IMO she should check with her attorney before she moves out of state with the children.
Yes, she is definatley going to find out for sure. He most likely will not agree so she might stay married to him until after she moves then divorice once they have moved together because she does not want to end up divoriced and with no family near by.
Sounds a little devious but if you knew all the details you'd understand.
Well, she should NOT take them anywhere at this point. I got divorced 2 years ago (we have 2 children together) and at least in this state it is absolutely specified that neither parent is to take the children out of state (without written permission from the other parent)during divorce proceedings. I understand your friend wanting to be around family, however it she leaves with them and her soon to be ex husband at any point decides he wants to fight her on custody issues- It will be used against her in court. She should comply with all court orders right now and it will work in her favor later.
And more bad news (once again in some states these are the regulations)Even after a divorce is final the custodial parent (your friend) can't just up and move with children. As long as their father is granted visitation rights ( he most likely will- unless the situation is AWFUL and she can prove this) she will have to make it possible for him to have reasonable acess to the children.
I have checked into this very recently, as I was offered a job transfer for 10k more a year, but since my children's father still has court ordered visitation rights and pays child support I only had these 3 options per the state and my attorney 1.)get him to agree to visitation schedule changes (in a legally binding written document) And i would have to reimburse him for all travel costs (gas,airline tickets) that were associated with him traveling to pick up kids or sending kids to see him since I was the party that made the decision to move.2.) go back to court prove that my moving the kids away would vastly improve their quality of life enough for the state to reassign visitation rights. THIS MAY BE A VERY DOABLE OPTION FOR YOUR FRIEND- as it would not be hard to prove to a court that being a single mom with no family around would take a toll on both her and the children.3.In cases where the father of the children either refuses his visitation (as in just disappears) or fails to use it for so many months in a row the court may grant you permission to move on the basis of abandoment. HOPE THIS HELPS. Unfortanatley this is one topic I am all to familiar with-but on the upside, at least my children get to have a relationship with their dad, even if we chose not to have one. I chose to stay here since the travel/ court cosst I would have had to pay would be more than my raise.
I can't help but wonder about her decision to set up barriers between the children and the man SHE picked to be their father. Children have a right to be loved and to love both their parents. It is so sad that when during the acrimony of divorce, loving parents forget about their children and do what they think will be best for them. This decision should be about the kids and should be reviewed by a judge in family court.
If the father is a totally negative influence on the children, the court will decide that. For her to decide that she wants the support of her mother and FATHER so she will trade off the kids relationship to their Father....IMO is just plain wrong.
She wants them to have a relationship with the father. He has already agreed to the move meaning all of them together. He does not yet know she wants a divorice. He thinks he can be a complete ignorant jerk and a lousy once in a while father and still stay married.
She most likely will just stay married move with the husband and then tell him to get lost once they have already moved to new state. I think that is the safest bet. At that point it is up to him to stay in the childrens life or head back to the state they started .
She wants them to have a relationship with the father. He has already agreed to the move meaning all of them together. He does not yet know she wants a divorice. He thinks he can be a complete ignorant jerk and a lousy once in a while father and still stay married.
She most likely will just stay married move with the husband and then tell him to get lost once they have already moved to new state. I think that is the safest bet. At that point it is up to him to stay in the childrens life or head back to the state they started .
Oh, I got it wrong. I am sorry. I thought, well you know what I thought.
Still to get him to move under false pretenses......sounds very much like they need more counselling....either marriage or divorce counselling. I don't see much good coming from this.
She had better get full, informed permission of the father. Emphasis on the word INFORMED.
Without it, and depending upon the state, I have seen charges of parental interference levied - even upon one of the parents. And it could end up in a criminal charge.
A friend of mine wants to move out of state. Since she wants to take her children with her can she legally do that while she is still married and in the process of a divorice?
She has always been a stay at home mom but will be able to support them through the help of family where she is wanting to move.
Right now she lives in IL.
I just did it with a mediated separation agreement. It could also take the form of a court order. If the husband doesn't care (I haven't read all posts, so I don't know if there is more), maybe she could just try to get verbal permission, but it would be risky.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
