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    blackpearl29's Avatar
    blackpearl29 Posts: 2, Reputation: 1
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    #1

    Oct 13, 2008, 04:41 PM
    Can I move to other state?
    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 13, 2008, 05:04 PM
    Quote Originally Posted by blackpearl29 View Post
    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???

    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's Avatar
    blackpearl29 Posts: 2, Reputation: 1
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    #3

    Oct 13, 2008, 05:31 PM
    Quote Originally Posted by JudyKayTee View Post
    You can go wherever you want to go - but maybe I don't understand why you would think you have to stay in Nevada.
    My husband told me I would not be able to move out of the state, but what I believe is if he is not in the same state that the kids is, we can move to other state too
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Oct 13, 2008, 06:24 PM
    Quote Originally Posted by blackpearl29 View Post
    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


    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Oct 13, 2008, 07:16 PM

    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's Avatar
    div2wice Posts: 103, Reputation: 1
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    #6

    Oct 13, 2008, 07:24 PM
    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Oct 14, 2008, 05:39 AM
    Quote Originally Posted by div2wice View Post
    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.

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Oct 14, 2008, 06:06 AM

    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.
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