Do child custody laws prevent my wife from moving out with my children?

divorce lawyer Tamara HoffstatterQuestion:

How do child custody laws work when we are still legally married?

My wife wants to move out of the marital home and take our child with her, denying me my rights to visitation.

Do I have any legal rights to keep her from taking our child with her when she moves out?

Since we have not filed for legal separation or divorce, and there are no court orders or child custody agreements established, can she take our child?


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

Unfortunately, barring some kind of restraining order to the contrary, either parent can move and take the children with them.

If you are not able to reason with your wife and arrange for shared child custody or parenting time or coax her to move back to the home, your only alternative is to get the court involved.

If the two of you are heading toward separation or possibly divorce, one way to preserve your ability to keep the child in your home is to file your divorce complaint or complaint for separate maintenance with the court.

At the same time, ask the court to sign an emergency order to restrain either one of you from leaving the residence and removing the child until such time as a temporary or permanent child custody agreements are ordered.

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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