QUESTION
Can i move with my daughter to another state with out the divorce even started?
Asked on May 03rd, 2015 on Family Law - Utah
More details to this question:
Before me and my husband separated he got a new job that required about a month of training. we decided, to save money, i would move in with my parents and work. (WY to UT). he has cheated several times during this time frame and we separated in Nov of 2014. I still live in UT. he left his job and moved to ID. also hiding martial property in another state, without paying on it. I have received a job transfer to Pennsylvania. The only reason i am considering this is because it is better pay and offers medical benefits, which my daughter does not have due to my husband leaving his job. our divorce has not been started and my husband has abandoned her, only having seen her twice since the separation. and offering no financial support for her even though he claims to have employment. despite all this he is fighting my move and wants me to quite my job to get on state benefits so i can stay. can I move without the divorce, and without this turning out bad on mine and my daughters side?
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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The simple answer is that, it all depends. You are entering areas of interstate laws concerning which state can hear custody questions (the UCCJEA).
There are also a number of fact questions, such as how long you have been living in Utah; did you intend to make Utah your residence; and where the child has been living over the past several months.
Is there any good reason why you have not started the divorce process?
The best thing to do is find an attorney who has experience with Utah's version of the UCCJEA, and work with that person. In that way, you may be able to achieve your goal, though you may have to return to Utah for any trial occuring in the divorce.
Sure the father may fight you, but at least you might possibly obtain support orders, and the ability to relocate.
Answered on May 14th, 2015 at 7:19 AM