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    jorge muro's Avatar
    jorge muro Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 26, 2008, 03:04 PM
    Can my wife take my son out of state ?
    We have join custidy of my son but she is the primary custodial, can she take my son out of state? Without my permision?
    How can I stop this? I don't won't to lose my son ,Please Help,he is my life

    Thank you so much.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Sep 26, 2008, 04:18 PM

    Please refer to your written Court Order regarding custody arrangements and what you agreed to. There should be some clause in this agreement that states about taking the child out of the state. It should state that the mother/father must have the other parties' permission to do this. If there is no such clause in your custody agreement, then she can take the child anywhere she wishes with or without your permission.

    If this is to move out of state and not just take the child for a vacation, then that particular subject should be covered in your custody agreement also. If you do not wish her to move out of state to live with the child, then get your attorney to file a Motion denying her move and bring this before the Judge as soon as possible. Once she has actually moved out of state, it is possible to undo this, but takes a lot less time and money if done before she moves.
    jpothoof's Avatar
    jpothoof Posts: 15, Reputation: -1
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    #3

    Oct 13, 2008, 11:27 AM
    No she can't. Not without your written permission. My mom has primary custody too but since they have joint custody he still had parental rights to my well being. But your ex should know that she is hurting the child more than anyone else.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 13, 2008, 11:59 AM
    We actually can't answer this since the answer depends on the terms of your visitation schedule.

    Generally, if the move will prevent the exercise of the current visitation schedule, then she can't move without the permission of the court. But if there is no court ordered visitation schedule, then its likely she can

    As previously said, if its not a move but a vacation, then its not a problem.
    div2wice's Avatar
    div2wice Posts: 103, Reputation: 1
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    #5

    Oct 13, 2008, 07:31 PM

    I have to agree... there are so many variables that can come into a situation like this. Each custody agreement is different so you'll have to read over it, or contact your lawyer (if you had one). If the papers don't specify anything about her leaving the state, then you may be out of luck.
    I'm am not sure if you can approach the court and adjust the custody agreement/rules to stop her from leaving, that is something you'll have to discuss with a lawyer.
    Definitely contact someone, check this out. Don't sit by and let her take your son without doing whatever you can to fight it.

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