QUESTION
What steps can I take if my husband has been unfaithful and I want to start a new life with my child?
Asked on Feb 11th, 2014 on Child Custody - Rhode Island
More details to this question:
If I am married but my husband has been unfaithful, plus is unwilling to do what is needed to fix a relationship and trust, am I allowed to move to another state to begin my new life or is that considered kidnapping? Do I have to wait for a divorce first? Do we have to continue to live together just because we are married?
6 ANSWERS
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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You may move. Once you have been there six months you may file for divorce there. If he files here before then then you will need a lawyer here.
Answered on Feb 17th, 2014 at 5:20 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File for a dissolution of marriage.
Answered on Feb 17th, 2014 at 5:19 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to talk with a local family law attorney. However, you can move with your child but if he files for divorce and custody in your home state within 6 months, you may have to move the child back. On the other hand, if you move and he does nothing for 6 months, then you can file in the new state. So nothing is easy.
Answered on Feb 17th, 2014 at 5:18 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You certainly don't have to live together. If he is the child's father, he has the same rights to the child as you do. File for a divorce and then make a motion to establish a temporary parenting plan that includes your taking the child to another state. You will have to give good reasons for the move if he objects. Once you have the court's permission to move, you can do so.
Answered on Feb 17th, 2014 at 5:18 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Under Michigan law you can move UNLESS you have a court order otherwise AND you can file a divorce for no reason at all. So move before filing the divorce and establish residence in your chosen state. HOWEVER some states are more picky and can require a 2 year separation as a cooling off period before allowing a divorce. So check out the laws of the state you want to move to before you move there.
Answered on Feb 17th, 2014 at 5:17 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You do not have to live together. You can leave but your husband can file and ask that your child be returned.
Answered on Feb 17th, 2014 at 5:16 AM