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    daddyal's Avatar
    daddyal Posts: 2, Reputation: 1
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    #1

    Dec 23, 2009, 01:36 AM
    My wife is leaving the state of California to live in Florida. We are not divorced
    We are not divorced yet but she wants to take 2 of our 3 adopted kids with her. I am trying to keep all 3 kids here with me. She was the sole financial provider but she quit her job and did not tell me until the day after she did so. I became a stay at home dad and stopped working abour 4 years ago to take care of the kids. My family will help me out until I get back on my feet financially.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Dec 23, 2009, 09:41 AM
    Quote Originally Posted by daddyal View Post
    we are not divorced yet but she wants to take 2 of our 3 adopted kids with her. i am trying to keep all 3 kids here with me. she was the sole financial provider but she quit her job and did not tell me until the day after she did so. i became a stay at home dad and stopped working abour 4 years ago to take care of the kids. my family will help me out until i get back on my feet financially.
    Have either of you actually filed with the courts for divorce? Is there a temporary order in place regarding custody and/or placement?
    daddyal's Avatar
    daddyal Posts: 2, Reputation: 1
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    #3

    Dec 23, 2009, 03:25 PM

    No divorce proceedings yet. This is happening very fast and she wants to move right after christmas
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 23, 2009, 05:45 PM

    Then you need to do a few things, of course if the kids are with you, you don't have to let her have them to go.

    But ASAP you need to file for an emergancy custody order with notice that the kids can not move out of state
    judenyce's Avatar
    judenyce Posts: 15, Reputation: 3
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    #5

    Dec 26, 2009, 07:16 PM

    I have the opposite problem, I currently live in Washington state and want to move with my two children back to California, but a lawyer said that even though my husband and I are still technically married and there is no legal custody arrangements in place, that my husband has to give me permission to move, or it can be considered kidnapping and I could go to jail. If he did allow me to move, and I filed for divorce in California, then the kids would by law be residents of that state, and he would have to go through the courts in order to get it changed. So, bottom line, from what I understand, you have to give her legal permission to take the kids, (why does she only want to take 2 of the 3 kids anyway?), or you could have her arrested for taking your children, (whom you still have legal custody of), without your permission.

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