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    Depressedandconfused's Avatar
    Depressedandconfused Posts: 8, Reputation: 1
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    #1

    Apr 16, 2006, 10:31 AM
    Child custody... Can she leave the state
    I had posted on here a couple of weeks ago about how my wife is talking with an ex and considering leaving me. She hasn't left yet, but its something we fight about everyday. I just have 1 simple question. Lets assume we divorce and she gets custody of our daughter. If she were to move to another state 2500 miles away, do I have any rights in preventing this from happening? I don't know anything about how divorce and child custody works. I really don't want my daughter to live in Arizona(we currently live in Wash State), its too far away. Also, I don't know a whole lot about this other guy, but he used to be into pretty shady stuff, and I don't want my daughter near any of that. Thanks a lot and any help is appreciated.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 16, 2006, 10:56 AM
    OF course you can request that the divorce court take all of this into consideration, and order her not to move out of state. But of course she can go back and back to court if the court orders it and try to show need for rjob and the such.

    Of course she could just move in spite of the court order and the only thing you can do is try and get the court to hold her in contempt.

    So maybe she could, maybe she could not. If she already has moved there before she files or you file for divorce it would be harder.
    fredg's Avatar
    fredg Posts: 4,926, Reputation: 674
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    #3

    Apr 17, 2006, 07:13 AM
    Hi, Depressed,
    I do hope you don't have to go through with a Divorce... been there, done that, many years ago.
    You need to talk with a Lawyer now.
    There is nothing to keep your wife and your daughter from moving anywhere she wants to, tomorrow!
    If to another state, it will just complicate things more with lawyers.
    Please get a lawyer, one maybe suggested by friends, and talk with them. You could then let your wife know what your lawyer has said, and in some cases, it might make her think twice about all this!
    I do wish you the best, and good luck.
    Wildcat21's Avatar
    Wildcat21 Posts: 3,582, Reputation: 435
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    #4

    Apr 17, 2006, 07:59 AM
    I think what will happen is, most likely, joint custody - OR you most likely could get custody because she's the one who is leaving the state. She's the one leaving, she's the one who is causing the break. But get the lawyer now - talk with the lawyer immediately.

    I don't understand this woman - grass is always greenier on the other side - the way this usually works is she'll spend a month with the guy, realize why they are not together, realize he is really a jerk and just wanted to sleep with her a couple times. She's blinded by LUST. Traveling musician... gal in every port - a guy willing to break up a marriage - horrible.

    Get the lawyer!!
    educatedhorse_2005's Avatar
    educatedhorse_2005 Posts: 500, Reputation: 78
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    #5

    Apr 17, 2006, 03:59 PM
    In a lot of states they require the mother/father to ask permission for the child to be able to leave the state

    For the most part they ask you if it is all right and if you can show just cause they will not allow it

    My sis ter went threw a similar event and she had to get a paper signed by her ex to be able to move out of state
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Apr 17, 2006, 06:16 PM
    Quote Originally Posted by Demonspeeding_2005
    in alot of states they require the mother/father to ask permission for the child to be able to leave the state

    for the most part they ask you if it is alright and if you can show just cause they will not allow it

    my sis ter went threw a similar event and she had to get a paper signed by her ex to be able to move out of state
    I am responding mostly to correct what was said here.

    The only time permission would be required is in a case of joint custody with visitation rights. In such a case things would be spelled out in the divorce agreement. So follow the other advice you got and get an attorney.

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