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danatop · Sep 29, 2005, 08:08 AM

I live in Pennsylvania with my husband for over a year. I now want a divorce. We have two children and I would like to go back home to NC where I have my family support. I don't have anybody in Pennsylvania except my husband and his family. I have a large family back in NC and would have a lot of support with the care of my kids, not to mention emotional support. I don't know if I can even leave the state with my kids. Please help?

Chery · Sep 29, 2005, 05:22 PM

You forgot one important factor. Are you and your husband on speaking terms, then talk to him about this, but before seek, legal aide to see where you stand on this. If you are on speaking terms and get lucky enough to have full custody of the children and your husband or the court do not restrict you to Penn, then you should have no problem. Explain to him that you'd be happier at home and therefore the children would benefit from the love and guidance from you and your family and that he can always visit - it's not that far away. Remind him that the children should not suffer through this and that they'd miss him and his parents too and promise to let them visit on holidays. Good luck to you and the children, hope it works out. :)

s_cianci · Sep 29, 2005, 05:37 PM

You probably cannot leave the state with the kids, at least not without their father's permission. If you were to leave the state then you'd be fully responsible for providing the kids with visitation, including their transportation from NC to PA and back. Talk to a PA attorney who specializes in family law for full information.

fredg · Oct 5, 2005, 05:57 AM

Hi,
Talk with a lawyer about getting a divorce. Once you have signed a "legally separated" paper, you can move anywhere you wish, out of state, anywhere. You would want to sign papers saying that you are legally separated, before the divorce is final. In many states, it takes a year before a divorce can be finalized. The legal separation papers also states any child support, alimony, etc, you will receive, if any.
If you move out of state before signing papers saying you are legally separated, you will have to go back to the original state to later sign those papers. Get the paperwork out of the way with your lawyer, then move. Your family will be your best support in times like this. It will also save you many headaches with your Ex, if he is the type to try causing trouble all the time. If he is, then get away from him! Move!
Best of luck,
fredg