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macdaddy1111 · May 14, 2012, 11:59 AM

My wife and I may be in the process of divorcing. She says she spoke with a lawyer already and "THey" came to the conclusion that after a year of legal separation in this state (LA). We can divorce and then after phychiactric treatment of the both of us they will decide who is more fit to keep the child and if it goes her way she can move her to MO. Please tell me if this is true and what I should do. My little girl is my only child. Wife wants to move back to Missouri with her mom and her 19 year old daughter from previous marriage. PLEASE HELP. I can't lose my baby!

AK lawyer · May 14, 2012, 12:12 PM

She can take your daughter where ever she wants (within the U.S.) unless there is a court custody order in effect providing otherwise. So could you, for that matter. Are your wife and daughter still living with you?

Fr_Chuck · May 14, 2012, 12:47 PM

In addition to the divorce, you need to file in court for a custody order. It decides who gets custody of the child and visitation, in the custody order, it can state that the custody parent can not move out of state.

She is lying about most of what she is telling you, I would say she has not even talked to an attorney and for some reason, is wanting to scare you, most likely to try and get you to agree to something else.

You need to hire an attorney, and for sure if she really does have an attorney.
Get the name of her attorney, if you don't know, tell her that your attorney will need to serve papers on her though her attorney.

ScottGem · May 14, 2012, 01:20 PM

While it may be possible, in fact probable, to have a divorce finalized after 1 year of separation. The part about taking the child is bogus.

Unless this psych eval proves you a danger to the child the most it will do is determine the primary custodial parent. You would still petition for visitation and joint legal custody. This you would be likely to get. And if you have a visitation order that specifies a regular visitation, she will not be allowed to move the child without court permission.

You need to consult your own attorney to determine whether the 1 year separation route works for you. You also need to make sure that any court filings you do indicate that you want primary custody or generous visitation.