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Submitted 105 days ago...

Robnhood

Robnhood

New User (1)

My ex wife has informed me that she wants to move to another state with my two children ages 5 and 9.

What legal recourse do i have?

 
 
 
Answers
 

Answer 1 / 8

Submitted 105 days ago...

Fakery

Fakery

Brain (2,180)

Who has custody? does she have main custody?

 

Answer 2 / 8

Submitted 105 days ago...

primetime001

primetime001

Expert (959)

You can file for an injunction to stop her from leaving the state, better do it quickly.

 

Answer 3 / 8

Submitted 104 days ago...

tomturkey

tomturkey

Brain (2,485)

You can file a motion with the court and ask that she not be able to take the children out of state. however if she is going because of a job that could make a difference. But you can ask for joint custody and get more visitation like summers and every other holiday and spring break.

 

Answer 4 / 8

Submitted 104 days ago...

tomturkey

tomturkey

Brain (2,485)

You can file a motion with the court and ask that she not be able to take the children out of state. however if she is going because of a job that could make a difference. But you can ask for joint custody and get more visitation like summers and every other holiday and spring break.

 

Answer 5 / 8

Submitted 104 days ago...

HouserRW

HouserRW

Contributor (89)

File an OBJECTION TO RELOCATION paperwork as soon as possible. Even though she may not have filed *like she was supposed to and serve you* you can still file knowing that she has the intent on leaving. Just because it is for a job does not matter. There are 11 factors in WA state that are considered in moving. Though courts look at it as though the move will be allowed, you just have to show cause for it not to be...such as emotional ties to the children, her reasons for leaving, and the affects on you children. (Does she move a lot even in the same county) Filing will stop the move until it is decided in court. It could go either way, but then you can file a new parenting plan w/you as custodial, joint (which may not be allowed because of distance) or all vacations and summer. If she doesn't agree...it will drag it out even more. My ex girlfriend tried to take our daughter to CA so she could go w/ her husband to golf school....lets just say I have custody now.

 

Answer 6 / 8

Submitted 104 days ago...

Agamete855

Agamete855

Beginner (11)

If she has custody she can do it. Only an atturney in your state can help you

 

Answer 7 / 8

Submitted 59 days ago...

tomturkey

tomturkey

Brain (2,485)

Well The courts will not just take a child from the parent that has the custody just because she or he wants to move out of state. I know for a fact that a judge can give consent to a parent mother or father to move out of state if it pretains to a job. Never the less that does not mean that you shouldn't try to stop her. Do what you feel is right for you you may win it is a 50/50 just don't asume that the court will not take in account the reasons she may want to move.

 

Answer 8 / 8

Submitted 57 days ago...

HouserRW

HouserRW

Contributor (89)

Like I stated before there are factors into considering the move. It is "presumed that the move will be allowed." The person who stated that she has custody she can do it is incorrect. You can obtain an attorney but one is not needed. And YES you can obtain custody if she leaves the state without filing as you seem to believe she intends on doing. She has to file relocation paperwork with the courts and have a new parenting plan before she leaves. The ONLY way she can leave is if she had seen it as unforseen ...or their life is in danger. She can leave for a job but that doesn't mean she can take the kids while the motion is ongoing. She leaves this state with those children ...without going to court first to have it allowed (if you file)...then she is contempt of court..ask any attorney. They will tell you the same thing. Plus 80% of the time it is not because "of a great job." I won custody of my daughter three years ago because my ex wanted to go to school and her hubby had a job in CA that was offered...I won...she didn't leave...and the rest is history.

 
 

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