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    jworden1's Avatar
    jworden1 Posts: 1, Reputation: 1
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    #1

    Nov 17, 2007, 09:09 PM
    Child visiting father out of state.before divorce is filed
    My husband and I are separated. In KY, there is a 60 day perdio of required separation before a divorce can be filed. My husband wants our daughter to visit him next week.. he is in AL, I am in KY. I will be a few days shy of the 60 day separation before ei can file my divorce papers. I do however, have his copies of the uncontested papers, signed and notarized.
    My question is, if I haven't filed the paperwork with the courts yet, I can't until my 60 days are up... what legal backing do I have/can I get in order for my daughter to visit her daddy out of state.. but with me having the legal backing that she HAS to be returned?
    onfire4God's Avatar
    onfire4God Posts: 8, Reputation: 0
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    #2

    Nov 18, 2007, 09:19 PM
    Quote Originally Posted by jworden1
    my husband and i are separated. in KY, there is a 60 day perdio of required separation before a divorce can be filed. my husband wants our daughter to visit him next week..he is in AL, i am in KY. I will be a few days shy of the 60 day separation befor ei can file my divorce papers. i do however, have his copies of the uncontested papers, signed and notarized.
    my question is, if i havent filed the paperwork with the courts yet, i can't until my 60 days are up...what legal backing do i have/can i get in order for my daughter to visit her daddy out of state..but with me having the legal backing that she HAS to be returned?
    If I was in your shoes I would wait 2 receive custody of my child before I let her go out of state.Most states have laws that give custody to the parent that has the child in their care at the time of the divorce.Also with him being out of state he doesn't have 2 give her back until a judge decides where she goes.You really need 2 seek an attorney 4 this.God bless u.
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