I live in Las Vegas, Nevada, and my husband is in his parents house in Ely, Nevada, If he move to Florida to be with his new girlfriend, do I really need to stay in Nevada or I can move to any other state???

JudyKayTee

You can go wherever you want to go - but maybe I don't understand why you would think you have to stay in Nevada.

blackpearl29

My husband told me I would not be able to move out of the state, but what I belive is if he is not in the same state that the kids is, we can move to other state too

JudyKayTee

He's wrong - you have as many rights to the children as he has and you also have the right to go wherever you want. You have to notify him where the children are, of course, but until a Court order says otherwise you can just go - and I can't imagine any Court ordering you to stay.

Now, if you want to divorce him you have to set up residence in a State for (usually) six months to a year before you can file papers. If you want to file for support or custody you might be better off staying where you are until you can get the matter heard.

But otherwise - he's lying.

ScottGem

As the custodial parent, you can't do anything that would change a court ordered visitation schedule without the court's permission. However, if he moves first, he's given up the visitation schedule, freeing you to move as well. You might have to go to court and prove to the judge that he moved so you can be released, but I can't see a judge denying you.

div2wice

As long as kids aren't involved, you can move wherever you want. If you decide to divorce, then you (or he) would need to file for divorce in the state of residency (for most states it is wherever you've lived for the past 6 months)
If kids are involved it gets a bit tricky because you moving out of state without notifying him, and possibly getting his "ok" (depending on the state) could get you in trouble and may be considered kidnapping. If you have kids its best to divorce, and get the child custody agreement in place before leaving the state.

JudyKayTee

Did you read that they do have kids and HE is moving out of State but demands that SHE stay in their current State of residency unless she gets his "permission" to move - ?

He's her current husband, no indication of anything else going on - they have equal rights to the children and she cannot be charged with kidnapping as long as (as I said) she lets him know where the kids are.

ScottGem

I think I missed whether you are or aren't divorced yet. If you aren't, then you should file immediately (if he moved in with a girlfriend). If you are then what I said about the visitation schedule applies.

If you are filing for divorce, make sure your ability to move isn't constrained by the divorce decree.