QUESTION
Can my spouse move my kids out of the county?
Asked on Jun 06th, 2013 on Child Custody - Alabama
More details to this question:
My spouse and I separated and I now live in the adjacent apartment complex. We both see the kids regularly and they often walk over to my place or I walk over to theirs. They stay here 1-3 days a week depending on my school schedule. My wife, who works from home, was just told she needed to work at the office. The commute is 45minutes on average and she now wants to move the kids away from the community they've been living in the last 2 years. What are my options? She has some problems with drinking, eating disorders, and promiscuity that I’ve been logging for the past 6 months on either audio or video and my kids have missed school, not eaten breakfast, etc. Several times because of these issues. I also have proof of this on audio and video conversations with both her and the kids.
5 ANSWERS
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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I'm sorry to hear that. It sounds like you don't have any official written agreement or court order in place yet regarding custody. If you only had a verbal arrangement or perhaps none at all, and she is no longer cooperating with you, you need to file a lawsuit for custody/visitation, especially if you contest the move and also have concerns in general about some of her parenting and it's substantial not minor differences here and there. You should consult an attorney right away to assist you with that. You can also look into some of the pro-se (do-it-yourself) custody forms that many counties have and which can often be used for any county so long as you change the county name at the top, but you should still contact an attorney to review those forms and other consulting before actually filing to make sure you are on the right path, etc.
Answered on Jun 15th, 2013 at 4:36 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File a motion to modify the present custody order based on a material and substantial change in circumstances.
Answered on Jun 10th, 2013 at 1:00 AM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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You should file for a divorce and get a Joint Preliminary Injunction which prevents her from leaving the country with the children pending a divorce.
Answered on Jun 10th, 2013 at 1:00 AM
You can stop her from up heaving the kids status quo. But you need the help of an atty and the court to do it. Don't wait. Once they are gone it is difficult to get them back.
Answered on Jun 10th, 2013 at 1:00 AM
You need to contact a family law attorney in your area to discuss your best path forward. It appears from your question that you have not yet filed for divorce. The likelihood that you can successfully mount a claim for custody is highly specific to your particular jurisdiction and the other facts and circumstances surrounding your marriage and separation.
Answered on Jun 06th, 2013 at 10:10 PM