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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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I found my husband in bed with another woman and Im filing

Resolved Question:

I found my husband in bed with another woman and I'm filing for a divorce. We have a 6 year old daughter. I live in South Carolina and want to move out of state to be with my family and friends. Where I live now I have nothing and no one to help me. What do I have to do for me and my daughter to move next to my family? Can it be done?
Submitted: 6 years ago.
Category: Family Law
Expert:  Tina replied 6 years ago.
Wow. I am sorry to hear of your very difficult situation.

Have you actually filed for divorce or legal separation yet?

If so, have you obtained a temporary order of custody?

Are you the primary care giver of your daughter? How long have you been married?
Customer: replied 6 years ago.

Yes I have filed for a divorce.

Yes I have temporary custody.

Yes I'm the primary care giver.

I was married for 5 years.

Expert:  Tina replied 6 years ago.
Then I have two more questions, please:

Does the father currently have custody or visitation rights? Does the order indicate that you must seek permission to move out of the state with the child?

Edited by Tina on 8/1/2010 at 1:04 AM EST
Customer: replied 6 years ago.

He has visitation rights.

The order doesn't indicate I need to have permission to move.

Expert:  Tina replied 6 years ago.
I see. Since there is a court order, you do need to seek the permission of the court or your husband's written consent to move out of the state then.

It sure does not seem like a fair result to me, but since he has visitation and there is a court order of custody, the law require that you obtain your husband's consent regarding your child since the court's order temporarily maintains the status quo.

Best regards XXXXX XXXXX

Tina

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