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mikerh · Feb 22, 2006, 08:11 AM

I am in the process of going through a divorce. We have 2 children and have agreed that one child will live with me and the other child will live with her with visitation rights for each parent for the other child. We have done an uncontested divorce on-line and have just received our paperwork but have not yet filed them. Now she wants to pick up and move to Arizona (with the young man that she is seeing that caused all this) with her child. It states in the divorce that we have joint custody of the children and that I am to receive visitations from the child that is with her every other weekend. Can she up and Move to Arizona with the child? Is there a way that I can put a court order on this to keep her from moving with children until the divorce is resolved? If so, how do I go about doing this myself?

mr.yet · Feb 22, 2006, 08:16 AM

http://www.law.upenn.edu/bll/ulc/fna...s/uccjea97.htm

This link may answer some of your questions.

Sosdog · Feb 22, 2006, 09:17 AM

By law, siblings may not be separated once they have bonded. (ie have lived together for a period as siblings)

This could go either way, but it's a way to keep the children together.

Sos

CaptainForest · Feb 22, 2006, 03:27 PM

Originally Posted by Sosdog

by law, siblings may not be separated once they have bonded. (ie have lived together for a period of time as siblings)

this could go either way, but its a way to keep the children together.

sos

And this law exists where?

What mikerh proposes seems perfectly reasonable to me.

One child might hate the mother and has no interest in living with the mother (and would tell a Judge that so he can live with his dad).

And the other child hates his father and tells a Judge he wishes to live with his mother.

mikerh · Feb 22, 2006, 04:19 PM

The children are 11 and 8. I read somewhere that they could not choose until they were 12, but the judge could still ask them. I just need to know how do I keep her from moving my daughter to a different state. We are not officially divorced yet and no temporary orders have been made, but we have agreed in the divorce that I get to see her two weekends out of the month and one night a week (she gets the same for our son). Can she legally move the child if we have joint custody and the visitation set up the way that it is without my consent?

Sosdog · Feb 22, 2006, 04:24 PM

Originally Posted by CaptainForest

And this law exists where?

Its present in almost every state (all that I know of) that once children have bonded to each other they cannot be separated by a court injuction.

Sos

mr.yet · Feb 22, 2006, 04:24 PM

You need to file the paper in the court now, this will keep the jurisdication in your home state.

Fr_Chuck · Feb 22, 2006, 04:26 PM

First it looks like you will not have an uncontested court case.

You need to forget this stupid online filing ( sorry but it is only good if there are no kids, no real amount of property to divide and no one needs legal advice)

You need a real life local attorney, you need to file for cusotdy or at least for a court order not allowing her to take the child out of state.