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Bill Doody · Dec 13, 2006, 06:33 PM

I am in process of divorcing wife. I have not lived with her for 6 months and money is only issue stopping divorce. I take my child and her child from a previous relationship every weekend. If I could take them more I would but I need to work 60 hours to meet my bills. We have nothing legally in writing of separation or divorce. She has said she will have her lawyer draw up papers but there's always a dispute on something she tries to get away with. My question is: What are my rights if she chooses to move 3 hours away with my child? If we are still legally married is this considered abduction? I cannot afford a lawyer but will die if I loose my daughter(s).

Bill

ScottGem · Dec 13, 2006, 06:46 PM

You need a lawyer. Right now, with nothing settled and approved by a court, there is little to stop her. You need to get a custody agreement in place. If you don't get an atty, you will lose.

teemar · Dec 13, 2006, 07:33 PM

Originally Posted by Bill Doody

I am in process of divorcing wife. I have not lived with her for 6 months and money is only issue stopping divorce. I take my child and her child from a previous relationship every weekend. If I could take them more I would but I need to work 60 hours to meet my bills. We have nothing legally in writing of separation or divorce. She has said she will have her lawyer draw up papers but theres always a dispute on something she trys to get away with. My question is: What are my rights if she chooses to move 3 hours away with my child? If we are still legally married is this considered abduction? I cannot afford a lawyer but will die if I loose my daughter(s).

Bill

Which ever parent moves away from the other, has to bring the children to that parent. I am divorced with 3 children, its in almost every standard divorce decree! Don't let her win, you sound like an awesome father. There aren't many out there!

Fr_Chuck · Dec 13, 2006, 07:56 PM

You need an attorney right away, if her attorney moves on to court withou you having one, it can only get bad to worst.

There is nothing stopping her from moving, and sadly I doubt that they will judge 3 hours as excessive, ( they may require her to arrange transportation of child to you or they may not, it is always up to the judge)

And all this means since there is no child custody agreement in place, is that she is moving and there is nothing legal you can even say about it.