QUESTION
Will a temporary domestic order prevent a parent from moving kids out of state until able to hire attorney for custody?
Asked on Apr 01st, 2014 on Child Custody - Rhode Island
More details to this question:
My fiance is trying to file a temporary domestic order to prevent the mother of his kids from moving them out of state. He currently works in the oil field and asked me to look into this for him. Is this the correct order for him to file and does he have to file it as is and request it to be modified later or can he submit a modification with it when he files it? There is no current custody order and they were never married.
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Are there any orders? Is he paying support? Is there an order establishing paternity? You really need counsel.
Answered on Apr 16th, 2014 at 8:45 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Just filing a petition for custody should be enough to stop her from moving the children. I suppose he could ask for a specific order requiring her to leave the children in the state. You really need to talk with a local family law attorney because the standard rules may be different in your state.
Answered on Apr 03rd, 2014 at 11:55 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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He would need to file and serve either a Petition for Custody or a Petition to Establish a Parental Relationship. Once the service is accomplished there are automatic statutory restraining orders that go into effect which prohibit the removal of the children from the State. The father would then have to go into Court and request temporary custody and visitation orders.
Answered on Apr 03rd, 2014 at 11:14 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Is there a child support order or anything else in the court system? If not, he has to file a Complaint for Paternity and a motion to require that the child not be removed from the state.
Answered on Apr 03rd, 2014 at 11:05 AM