Can I file injunction to prevent my wife from moving out of state with my two children? 26 Answers as of May 28, 2013Just finalized divorce a week ago (joint custodo). My wife told me she is moving out of state in two weeks. I am disabled on a fixed income. This move will prevent me from being able to see my two small children?
John E. Kirchner, Attorney at Law | John Kirchner
If the parenting plan adopted in your divorce decree does not deal with the question of relocation you can file a motion with the court to ask that the relocation be prevented. That will be decided based on the best interests of the children. The obvious impact on your involvement as a parent is one important fact in deciding what is best for the children, but that decision does not involve your "rights". The issues relate to the children's rights - not yours.
Answer Applies to: Colorado
Reeves Law Firm, P.C. | Roy L. Reeves
Contact your attorney and have the orders clarified to put in the geo restriction. If you did this yourself, you can now see why you should never represent yourself in court because I am certain without even seeing the docs that you do not have a geo restriction and you are in fact, screwed. She is about to leave and destroy your relationship with your kids because you wanted to play lawyer.
Answer Applies to: Texas
The Law Office of Cathy R. Cook | Cathy R. Cook
Check your shared parenting plan. It should have a restriction on moving out of state without your agreement or court permission. If not, check the local court rules, as they may require her to obtain court permission to move. You may need to file a motion to stop her from taking the children while the issue of her move is pending. Consult a local attorney to assist you.
Answer Applies to: Ohio
The Legal Center | Richard Manwaring
Yes, you can file a Request for Order preventing your ex wife from moving. If she is moving soon you should file an ex parte motion to request that the court order her not to move until a hearing on her request to move away.
Answer Applies to: California
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You can use the courts to intervene in a case like this, but a temporary injunction is not the usual way to do it. If a spouse wants to take children out of state for more than 90 days, and the other parent has any custody or placement rights, she must send you a notice sixty days in advance, with detail about where she is going to live and when she is moving. You have a short time (I think 15 days) to file with the Court an Objection to the move, and request a hearing. Do not let anytime pass without taking action. Find a skilled family lawyer as soon as possible, and today is not too soon.
Answer Applies to: Wisconsin
Peters Law, PLLC | Mark T. Peters, Sr.
You should be able to. The law in Idaho is that neither parent can move out of the state with the children unless the other parent agrees or it is in the best interests of the children. If you are able to take care of the children here, then just that she is going to get a better job should not be enough. When you file your motion for the injunction, attach a copy of whatever she sent you saying that she was moving. If it is only oral, you can go with that, but written is better if it is available.
Answer Applies to: Idaho
The Roper Law Firm, P.A. | Connie Roper
Your divorce should have addressed relocation. Florida law requires the parties, unless they have agreed otherwise within the divorce, to agree for the children to be moved more than 50 miles from the residence. If the parties agree, there has to be an agreement signed. If not, the party moving the children has to petition the court to move and the other party can present a case as to why they should not be able to move. Florida Statute 61.13001 is the statute. The hiring of a lawyer is an important decision that should not be based solely on advertising.
Answer Applies to: Florida
Law Offices of Sherrie L. Davidson, LLC | Sherrie L. Davidson
You need to file an ex parte motion right away preventing the move with the children, at least temporarily. The matter will have priority with the court since it is move-away and you need to speak with someone experienced in move-away cases.
Answer Applies to: California
Woods, May & Matlock, PC | Robert J. Matlock
Check the orders in effect - if they restrict the residence of the children, your ex will need permission of the court to move the kids. If there is no residence restriction, she does not need permission. You can file a modification suit and request a temporary hearing and ask the court to enter orders prohibiting her from moving. I suggest you hire a lawyer.
Answer Applies to: Texas
Donaldson Stewart, PC | Monica H. Donaldson Stewart
There is a process she would have to go through in order to relocate out of state with the children. If she doesn't follow the procedure, she may face sanctions and the court could order that the children are not to relocate. I recommend you consult with an attorney immediately to discuss filing an action to prevent her relocation.
Answer Applies to: Arizona
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
In Michigan, the Judgment of Divorce should have language within it that requires a parent to seek permission of the court prior to moving out of state or a distance more than 100 miles. If she files a motion with the court seeking permission to move, you will have the right to contest the matter. Since it is so close to the entry of the Judgment one must wonder why she did not tell you during the divorce. Depending on the reason she wants to move, the court may not approve the move. If she moves without permission, you can file a complaint with the Friend of the Court.
Answer Applies to: Michigan