Ask A Lawyer: Moving The Children Would Be Detrimental

Question:

My wife recently informed me she was unhappy and wanted to leave. She indicated that she was going to move out and take our 2 girls with her to a new apartment. Taking either of the children out of their home and comfort zone would be detrimental to their emotional development, not to mention my oldest daughter is diagnosed with ADD and anxiety disorder.

With their mother wanting to leave and remove the kids from their home, I believe this is the worst thing we could do to our children. What are my options to keep them in their home and allow her to leave?

I do not want to eliminate her from their lives but taking them out of their home and school in wrong. Their is no abuse in our home and she is a good mother. Please advise me on what my legal rights/options/strategies are?

 

Answer:

Most states have procedures to file emergency pleadings at or near the inception of a divorce action, for precisely this situation.  Generally, courts determine where a child will reside, and then award the other parent a schedule of parenting time (so that neither parent is "eliminated from" the child’s life). 

Your daughter’s diagnoses may be significant.  Check with her doctor, therapist, or other treating professional to see how such a sudden move would affect her.

 

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.

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