Thanks

[color:"blue"]No she cannot. File immediately for return of the children. Contact a lawyer today. The more you delay, the more you will appear to have given consent for the move.

You want to file for an emergency ex parte custody order ordering the children's return to the family home.

V.[/color]

She said someone told her if she finds a good paying job out of state that can support her and her children, she can go out of state. That is the info someone told her..........How do you know that she cannot take them out of state????? Where does your information come from and is it a reliable source????????

Call an attorney in Florida

I was told that during a divorce I can't take my boy out of state.

Once I get custody and I will, then I can travel again.

I wonder if it's true.

[color:"blue"] Dude, I've been divorced three times and have had custody managed in three states. You cannot take the children and leave.

Now, if she had custody and if she had to relocate she should petition the court for permission to do so.

I have given you my best advice - if she has left with the children then you need an attorney immediately.

Stop asking questions and get on the phone if you don't want your children living in another state.

V.[/color]

[color:"blue"]Lefty,

Questions for you:

She lives in Florida - where do you live?
Where have the children lived for the last six months?
Where was the marital home?
Where are the children's relatives?
Where are the children's doctors and schools?
Who took care of the children's physical and emotional needs?

V.[/color]

sunny,

so say i want to move to new york state an hour away from where we are presently in pa i can't do it until physical custody is granted to me???

In Florida, if you guys can't come to an agreement, the court does it for you. They do whats best for the kids.

Here's a couple of links. The first is basic info. The second is Florida law regarding DV,CS and custody, etc....

Florida Divorce

Florida Family Law

[color:"blue"] Allurin, if you think your ex won't object then do it. If he does object, then it is very likely the judge may order the children be returned to the marital home. If neither of you still reside in the marital home and have not for some time, then the situation becomes a little more discretionary.

Mostly the court will want to keep the "status quo" for the children. Meaning whatever was the norm will be maintained for the stability of the kids. Be it house, doctors, teachers, churches, neighbors, etc.

Now if your ex doesn't care or is too ignorant to take you to court over the issue - you can move. You can do whatever you like as long as the court is not involved. Once the court is involved you are subject to the judge's orders, and they will decide in favor of the children.

Keep in mind that if your ex does take it to court, then the children may be ordered to be returned to the family home, but you may not be able to return. You don't want to be in a situation where your ex can maintain a new status quo that doesn't include you.

What you do should be based on what you think he will do. If you say to him - I'm moving back to New York to find a better job and be close to my folks, and he is uninterested, then go. If he says don't you dare take the kids, then you better think about it seriously whether he would follow through on the threat or not. Persuasion is always the best way. If you could persuade him that moving would be better for the kids or all of you move - then the issue is resolved.

V. [/color]

There is no marital home persay...I live in a duplex that I rent with the kids (only one is his, the other is from my first marriage and I have total legal and physical custody of him) and he lives with OW in her house. If I moved to NY State it would be to be closer to a college I want to attend, it's more of a booming town than where we presently are and it's closer to J. I need a fresh start is what it boils down to. I can't go on living in the same town as him even though I've lived here all my life and he moved here to be with me 12 years ago.

I really think if he thought rationally about it he wouldn't mind but he's the type of person who doesn't do what HE wants but what he is TOLD to do by whomever he's with at the moment.

We have the final custody hearing in front of the judge Dec 13th IF I am awarded our daughter sole physical custody can I then leave and go where I wish within reason??

In most states, there are automatic injunctions put into place when a divorce is served.
Here is a blurb about Colorado law.

Upon the spouse being served or signing a waiver in a Colorado divorce or legal separation action, an automatic injunction goes into effect prohibiting both spouses from:

1. Removing the children from Colorado without permission from the other spouse or the family law court. Depending upon the children's ages, a Colorado divorce court would typically grant permission to take an out-of-state vacation, but, over the other spouse's objection, chances of relocating permanently while a divorce in Colorado is pending, are slim to none.

2. Disturbing or harassing the other spouse.

3. Hiding, destroying, transferring or disposing of marital property, except in the ordinary course of business.

4. Canceling or modifying any insurance (health, auto, life, etc.) without your spouse's written consent or the Colorado divorce court's permission.

It will depend on the laws of the various states. You will need to know those laws.

In Michigan it doesn't matter if one parent has sole physical custody when it comes to moving out of state. As long as the other parent has visitation rights, a move has to be agreed upon by the parents or the court. The court is more likely to support a move if it is related to getting a better job. But, getting a better job is NOT a "given" in being able to move out of state with the children.

An additional challenge can be getting either state involved to enforce other states' orders.

If you "allow" your children to be gone too long, it can be seen as agreement to the situation, or "abandonment" or "neglect" by you. Take action ASAP.