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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36240
Experience:  Attorney with 16 years experience
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I am in the midst of divorce but haven't been served. We

Customer Question

I am in the midst of divorce but haven't been served. We have an 8 year old. I want to take her out of state and deal with things from there. Will this hurt my custody
Submitted: 8 months ago.
Category: Family Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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What is the purpose of leaving the state? vacation, moving somewhere else, visiting someone, etc..?

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Is this a temporary or permanent leaving the state?

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And is there any type of custody order or visitation agreement in place from the court?

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thanks

Barrister

Customer: replied 8 months ago.
There is no custody agreement. We have been cordial since we separated on August 1. He is now not letting me see her. I am relocating to live with my sister and family because I cannot afford to stay. I just want to know if leaving will hurt me in a future custody arrangement.
Customer: replied 8 months ago.
Leaving WITH her.
Expert:  Barrister replied 8 months ago.

Ok, if the purpose is not to prevent him from seeing the child, then it won't impact any eventual custody agreement. So if you are moving and relocating to live with family due to the divorce, then that is a reasonable reason for moving.

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Judges will only ding you if you are moving in an attempt to keep the other parent from seeing the child, as they consider that somewhat like "parental kidnapping". But as long as you have told him where you are moving, before or after the move, and he is not prevented from coming and seeing the child, then it won't have an impact.

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Since there is nothing in place from the court currently, you both have exactly equal custodial rights to the child, meaning that whoever physically has custody of her is legally entitled to do so...

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thanks

Barrister