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Joined: Oct 2001
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OP
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Quick for anyone on this board (I find myself here after spending most of my time on GQ), since my WS has filed for D. Although our D is not final, it appears that WS is planning on taking my D out of state for both xmas and new year. She has planned this without any consultation with me, and no discussions regarding visitation schedules during holidays.
Additionally, I believe that she is planning on moving with my D, to the other side of the US, so that she can be with her friend. Can she do this aswell?
I have filed for custody, and I certainly don't have a problem with WS moving away (the further the better), but not with my D.
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Joined: Sep 2001
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WPD,
Each state differs....More and more states are not allowing this as easily. You need to try to get a restraining order immediately keeping her from taking the children out of the county and surrounding counties until the D is final, then on those papers you need to get an order that says neither of you can move the children's primary residence out of that county and the surrounding counties.
Good luck,
ANNA
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Joined: Sep 2001
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oh and one more thing, If by chance she does manage to get her way, which I doubt, get the D decree to say something like this, "if one of you move more than 25 miles such and such community, that parent must do the ??% of driving and also pay for $$$ percent of cost of transportation to the other parties residence...."
ANNA
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Joined: Aug 2000
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wpd,
If you look on the back of the divorce papers, there is an automatic "restraining" order put in place at signing about taking the kids out of state. She will have to get your permission to take the kids out of state.
I know about it because it got thrown in my face when I let the girls go on their annual summer trip to my parents. I won because they had been doing the trip for 7 years and stbx had never filed for custody. Now since I have sole physical and legal custody (he abused the girls), that is not an issue.
Lori
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Joined: May 2001
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As previously mentioned, every state is different. In my divorce papers (Texas), all visitation is specified - odd numbered years he gets holiday x,y,z and I get holiday a, b, c then all is reversed and restated for even numbered years. Also, as long as he resides in the county of the divorce, I can only move to adjacent counties without his consent. I would guess that no matter what state you live in, you could make something like this part of the divorce agreement.
Good luck - the details can be a mess!
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Joined: May 2001
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What you are being told here is right. Usually when the papers are first filed, before the divorce is final there is a restraining order. Once the divorce is final there should be a very clear visitation schedule in place.
You need to call your attorney ASAP and stop the out of state visits. Are you sure that she has plans to return once she's there? Have your attorney handle this immediately.
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Joined: Oct 2001
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OP
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Thankyou for your responses, I thought I read something in one of the orders about getting the authorization of the friends of the court if she intends on moving more than x miles.
But since we have not yest finalised out D, can she still take my D out of state without my authorization?
wpd
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