QUESTION
Can I move with my son to another city and file for divorce?
Asked on Jul 19th, 2011 on Child Custody - Georgia
More details to this question:
My wife has been cheating & has a drug problem. She is living in a bad environment with my son. Can I move to another city closer to family with my son to file for divorce and custody. I have to move from our current residence in two weeks and need to make a decision, but do not want our 2 yo son living in that type of environment.
16 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
Yes, you can move to another city, but you should not move more than 50 miles away and you cannot just "take" your son. If you do just take him, she can simply come and get him, and it could appear that you were trying to abscond with your son without her permission, which could later hurt you in the case. Best to file divorce, get a temporary order permitting the move (if it is more than 50 miles away), and proceed from there. And if you move far away, you will still need to file divorce in the county where you last resided together as Husband and Wife.
Answered on Jul 04th, 2013 at 12:21 AM
3 Awards
It is best to move under a court order allowing the move.
Answered on Aug 05th, 2011 at 6:12 AM
Family Attorney serving Seattle, WA
at
Seattle Divorce Services
Update Your Profile
You would do better to file for divorce now and bring a motion asking the court for permission to take your son with you to the new area. If you move with your son without doing that, you risk the court stepping in after you have moved and ordering you to return your son to the mother. If that happens you are in more of a bind because you have set up a new home far from where your son will be.
Answered on Jul 21st, 2011 at 1:37 PM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
Generally you can, but you should discuss it with your divorce attorney to see if there are any restrictions in your divorce or if any legal permission needs to be obtained prior to your move.
Answered on Jul 21st, 2011 at 1:06 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
If there are no court orders describing each parent's authority, there is nothing to prevent you from moving other than the potential harm to your son that intensifying the conflict with his mother and depriving him of contact with her might create. You should give serious thought to finding a way to end your marriage and establish a satisfactory parenting plan in as amicable and calm way as possible. If that can be done while moving a bit farther away, there is nothing to prevent that yet. But, you need to consult both a lawyer and a mental health professional for additional information and advice on how to resolve things quickly and with the least adverse impact on your son.
Answered on Jul 21st, 2011 at 12:58 PM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
I would say you are in for a fight, but you may well get what you want. BUT by moving,,you will not avoid the filing against your wife in the county where you and she currently live. Before you do anything, please see a domestic relations attorney.
Answered on Jul 21st, 2011 at 12:58 PM
Family Law Attorney serving Las Vegas, NV
at
Willick Law Group
Update Your Profile
Relocation with a minor child out of State requires either the consent of the other parent, or permission of the court.
Answered on Jul 21st, 2011 at 12:56 PM
Roianne Houlton Conner
The divorce would have to be filed in the County in which you and your wife last lived together. As long as there is not a Court Order preventing you from taking your son with you, you can do that.
Answered on Jul 21st, 2011 at 12:45 PM
Criminal Defense Attorney serving Pittsburgh, PA
at
Law Office of Jeffrey L. Pollock
Update Your Profile
I do not have enough information to comment on whether your taking your child to another city without a court order allowing such constitutes any type of kidnapping (as defined in the PKPA, stc.) based upon your brief question. Also, since I do not know which city, I can only state that you will likely need to reside in that city/state long enough to create jurisdiction for both the divorce and custody filing (probably 6 months).
Answered on Jul 21st, 2011 at 12:24 PM
This is not a simple question. Generally, when there is no pending legal action, either or both parents are free to relocate as needed or desired. It becomes more complicated as to when you can file as a new county would require 30 days of being a resident before filing.
Answered on Jul 21st, 2011 at 12:24 PM
If you have not been to court yet to establish custody and visitation orders, you can move to another city so long as you notify the mother where you are living. Then if it is in the same county you can file immediately for a divorce and ask for primary physical custody of your son. However, remember you cannot "hide" your son from his mother as that would be looked upon very poorly by the court. You need the help of an experienced family law firm.
Answered on Jul 21st, 2011 at 11:41 AM
General Civil Trial Practice Attorney serving Beaverton, OR
at
Vincent J. Bernabei, LLC
Update Your Profile
Yes, as long as you remain within Oregon.
Answered on Jul 21st, 2011 at 11:37 AM
You can move to another city prior to filing for divorce in Colorado, so long as you relocate within this State. In fact, it would be preferable for you to move before filing so long as it is within this state. If you want to move to another state, you would have to wait at least 6 months before you could file for divorce as jurisdiction over your son would not attach until after he resided in that state for at least 6 months.
Answered on Jul 21st, 2011 at 10:52 AM
These cases are all fact driven. What that means is that what you are going to be able to get and accomplish is going to depend on a very detailed analysis of the facts of your case. On the issue of her cheating on you, my feeling is that it will probably make very little difference to your case, depending on how flagrant the mother is being about it. The issues of her drug use and her bad environment may have an impact, depending on the details of the drug use and environment. Also, where the child has been living and for how long will also have an impact. As a practical matter, to have any hope of accomplishing what you want to, and at the same time staying out of trouble yourself, you are going to need to file for divorce and file for an emergency ex parte to place the child temporarily with you and allowing you to move.
Answered on Jul 21st, 2011 at 10:51 AM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
This isAmerica and he's your son, soyes. But then what happens when she comes and snatches your son and moves to a thirdcity. The functional and healthy way to do this is to file for divorce or separation and get atemporary parenting plan in place.
Answered on Jul 21st, 2011 at 10:04 AM
Glen Edward Ashman
You can move where you want (although since you will late have to explain it in court, do NOT do it without seeing a lawyer). Even if you move to another state, Georgia will have jurisdiction over custody and support for at least 6 months.
Answered on Jul 21st, 2011 at 10:02 AM