My wife and I are talking about a divorce. She wants to leave our current state and move to another so that she’s close to her family.
I know if we all move out there, my chances in court will drop significantly because I have no family in that area and no job at this time.
I want to file for divorce in our current state before we all set a move date. But is there a way to prevent her from taking off with the kids when she find out I’ve filed? What steps should I take to protect my parental rights?
I do not practice in your state. Therefore, I cannot inform you as to the specific laws of that state and can only provide you with general tips on divorce.
In the jurisdiction where I practice, it is common to file what is called a joint preliminary injunction promptly after filing a complaint for divorce.
This injunction, in part, states that both parties are prohibited from removing their children who are residing in the state with the intent or effect to deprive the court of jurisdiction over said children without the prior written consent of the parties or the advance permission of the court.
It is also advisable, if you believe she may attempt to abscond with the children, to file a motion for custody.
By filing a motion for custody a judge will make preliminary orders regarding your children. This is the one of the best ways to ensure you have enforceable rights in the event she tries to take the children out of state.
However, even if she moves after the filing of the complaint, the court should still have jurisdiction over the children as that state has been their home for the preceding six months.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.