Can My Wife Move The Kids Away Before We’ve Even Filed For Divorce?

divorce lawyer Daniel ExnerQuestion:

Can my wife move away with our children if we have not been to court yet or even filed for divorce?


I am not licensed to practice law in your jurisdiction, but I can provide you with a general answer to your divorce and child custody question.

Without orders to the contrary, both spouses exercise equal joint custody and placement rights to their children. Can your spouse theoretically move the children? Yes. Can she conceal them from you? No.

The temporary limbo period between separating and receiving temporary orders on custody and parenting time is also a land-grab battlefield for contentious spouses.

Therefore, I recommend you file an action with the court immediately and request a first hearing on custody. If you have lived in the same place for a long time, the court may order for the children to be returned until there is a final order in the case.

Additionally, if your spouse actively prevents you from seeing the children, this may turn into a criminal matter and you should contact your local police department.

To fully advise you on your situation, a complete understanding of your situation is necessary. I recommend contacting a family law attorney to review your case.

Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Milwaukee Divorce Lawyer Daniel Exner, please contact Cordell & Cordell.

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2 comments on “Can My Wife Move The Kids Away Before We’ve Even Filed For Divorce?

    what about before the seperation agreement
    I was kicked out of my in laws house and couldn’t take my daughter. Should I go get her before we file a seperation agreement?

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