Family Law Questions? Ask a Family Lawyer Online.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*
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Has there been any court involvement to date
Are you legally separated or just living apart?
Are you legally separated?
No. We are just living apart.
Thank you for your information
one moment while I type my response
When there is not a court order in effect, either parent has the right to travel or relocate with the child. The consent of the other parent is not required.
To prevent your wife from moving with your son, you will need to obtain a court order and/or physical possession of your son
If it is possible to obtain physical possession of your son without a court order, you may consider doing so and keeping him in your possession until you have obtained a court order regarding his custody
Is this the same as filling for divorce?
A custody order can be issued as part of the divorce or separation proceeding
Its been a month since I moved out, I see him daily. Just wasnt ready to pay for a divorce yet.
You may want to consider not returning your son to his mother after your next visit. Consider immediately retaining counsel to obtain an emergency order as part of a separation action if you're not yet ready for divorce
Does it matter who files first?
Please another question?
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Let me know when I reach my limit. What is a custody decree?
is it part of the seperation proceeding?
A custody order is the same thing as a custody decree
yes. The Court does not involve itself in marital disputes unless a proceeding is filed with the court – in this case you would need to file a separation or a divorce in order to obtain a custody order
just wanted to know what i can do before all of the divorce proceedings
Unfortunately without a court order your only remedy is to maintain physical possession of your son
Got it. Thank you for your time.
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how do i find you?
simply start your question with "For FiveStarLaw"