| theDword |
| (New) |
| 06/21/06 11:15 AM |
| 198.203.175.175 |
Can my wife take my kids out of state?
|
My wife and I are divorcing - real common now a days. We have not not filed yet, because she said she can do it for free since she qualifies for legal aid ($300/week). I do not qualify ($700/week). We still live in the same house right now. We have 3 children together, ages 4-12.
Anyways, I have seen in my computers history that she has been looking at apartmets for rent in Jacksonville, Florida where her best friend lives. She has told me that she plans on going to Florida in the middle of July for a week vacation.
Can I stop this? Or, if she did move south, is there anything I can do after the fact? What if she moved there before we filed for divorce or separation?
Any help in this area would be appreciated. I cannot afford a lawyer, so I am trying to steer this towards mediation.
| mistake#2 |
| (Platinum) |
| 08/17/06 12:06 PM |
| 167.127.179.10 |
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Re: Can my wife take my kids out of state?
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If she moves out of state, sets up residency there (takes 6 months) and then files she will be able to stay. If she moves w/ kids and you object you need to file right away and insist she return with kids.
Ex helped me move out of state w/ kids (I anticipated divorce because of situation) but he was supposed to follow me down 1 year later. After HE filed papers he couldn't object (although he tried) because #1 he had helped me move & #2 I had been in Florida for 9 months before he objected, therefore my residency was FL and his time to object had long since passed.
If you don't want her to move out of state I would suggest filing asap instead of waiting no matter the cost, after all your going to need to pay for an attorney in the long run anyhow. You will end up paying more if you wait and have to fight her to return with the kids.
| KGrow |
| (Platinum) |
| 08/17/06 05:37 PM |
| 141.131.3.22 |
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Re: Can my wife take my kids out of state?
|
It does not cost much and you don't need a lawyer to file for divorce. I'd go down to the courthouse and do it right away. Filing will establish jurisdiction for the case and give you access to your parental rights as an individual.
You will need your own lawyer to resolve this. Divorces with children are complicated. Sharing a lawyer with you STBX is a no-no. Your second step should be to figure out how to get your own lawyer. Throwing your hands up and saying you can't afford won't cut it.