QUESTION
Can I stop my spouse, who has child custody of my son and daughter from leaving?
Asked on Sep 16th, 2015 on Divorce - Michigan
More details to this question:
Can I stop my husband in court from leaving? I have a daughter and son with him, and we are in the process of getting divorced. Recently, my husband has been threatening to move out of the state with them.
5 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If there is a divorce pending he cannot leave the state without court permission.
Answered on Sep 16th, 2015 at 10:28 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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In most states, once a divorce has begun, neither spouse may move with the child out of state, or more than 150 miles from the other spouse without mutual agreement between the parents or a court order. There is a statutory notice period, and some very specific things which must appear in the notice. For the details, consult with your divorce lawyer. If you do not have one, you really should get one. A skilled lawyer is almost always worth the investment.
Answered on Sep 16th, 2015 at 4:27 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Review Florida statute 61.13001
Answered on Sep 16th, 2015 at 3:45 PM
You can go to Court and get an Injunction until the case is resolved. Good luck.
Answered on Sep 16th, 2015 at 2:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you are in the process of a divorce the children, their custody, and their residence is under the jurisdiction of the court. I would suggest you discuss this matter with your attorney, and if you have been foolish enough not to have an attorney to this point, engage one immediately.
Answered on Sep 16th, 2015 at 2:10 PM