Preventing A Spouse From Moving With The Children

divorce lawyer Tamara HoffstatterQuestion:

What are the child custody laws when we are still married but my wife wants to move out with our child?

I have read Joe Cordell’s “10 Stupidest Mistakes Men Make When Facing Divorce” book and decided to remain in the marital home.

But is there any way to keep my wife from taking our child when she moves out since there are no court orders or child custody agreements established?


Please note that I am not licensed in your state so I am unable to provide legal advice on divorce.

Either of you, as the parents of the children, may take the children and move from the marital home.

While there may be no court orders to stop her from doing this, it doesn’t mean that you can’t seek the assistance of the court after the fact.

Since it appears that one or both of you have the intention of formally separating, you could file a complaint for a separate maintenance agreement or for divorce. As part of that agreement, request that the court issue temporary orders regarding custody, parenting time, and other matters.

If you need advice on divorce, or wish to take specific action in this matter, you need to contact an attorney immediately for assistance. Cordell & Cordell does represent clients nationwide.

To schedule an appointment with a Cordell & Cordell attorney, including Tamara Hoffstatter, an attorney in the Troy, Michigan, office of Cordell & Cordell, please contact Cordell & Cordell.

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