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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Divorce - My wife and I are separated. I am considering moving

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Divorce - My wife and I are separated. I am considering moving to another state to be close to my grown son and his family. My wife and I share custody of our 6 year old daughter and plan that she would spend the school year with my wife who is a teacher and the summers then with me. Is there any complication I should know about before I finalize my move? Once I establish residence in another state could I file for divorce in that state or would I have to come back.
Submitted: 7 years ago.
Category: Family Law
Expert:  Ellen replied 7 years ago.
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

Can you tell me whether any pleadings have been filed with the court concerning either the marriage or the child
Customer: replied 7 years ago.
No. We have not been to court and had just planned at some point to file ourselves. But she will not initiate the process, it will be up to me to file.
Expert:  Ellen replied 7 years ago.
Hello,

Absent a court order or proceeding concerning the child, the parent in possession of the child has custody can choose whether to allow the child to visit with the other parent.

This means that without a court order concerning the child, both the mother and the father have equal rights. The parent that the child is with has the right to relocate or travel with his child as he sees fit and to deny visitation to the other parent.

That said, I suggest that you encourage you file for divorce and your agreed parenting plan while in possession of the child
Customer: replied 7 years ago.
So, without a court decree. Are you saying that if my daughter were with me that i could just leave the state with her without the consent of my estranged wife? I thought that would be considered kidnapping. On the same token, if I move without my child and she were to stay here with my estranged wife, that she would not have to let me see her? Thus, I would indeed have to kidnap her so that I then had possession custody rights? I'm confussed.
Expert:  Ellen replied 7 years ago.
Your understanding is correct. It is only considered kidnapping if there is a court order in effect and you violate the court order. That said you will want to file your custody paperwork prior to moving out of state
Ellen and other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
The last line still has an unanswered question form this topic. If I cant get an agreement before I move, can i file for the divorce in the new state or must I come back to this state to file?
Expert:  Ellen replied 7 years ago.
If I cant get an agreement before I move, can i file for the divorce in the new state or must I come back to this state to file?

You can file for divorce in the new state however custody must be determined in the state where the child is residing

Ellen and other Family Law Specialists are ready to help you

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