Can I file injunction to prevent my wife from moving out of state with my two children? 26 Answers as of May 28, 2013

Just 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?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Victor Varga | Victor Varga
Yes.
Answer Applies to: Maryland
Replied: 5/28/2013
John E. Kirchner, Attorney at Law
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
Replied: 1/2/2013
Reeves Law Firm, P.C.
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
Replied: 1/2/2013
The Law Office of Cathy R. Cook
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
Replied: 1/2/2013
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
Replied: 1/2/2013
    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
    Replied: 1/2/2013
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    If she wants move with the children, she either needs your permission or she needs to comply with the provisions of Florida's Parental Relocation statute (Chapter 61.13001).
    Answer Applies to: Florida
    Replied: 1/2/2013
    Law Office of Beth Jackson Day | Beth Jackson Day
    Yes, file to keep your children here.
    Answer Applies to: Maryland
    Replied: 1/2/2013
    Peters Law, PLLC
    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
    Replied: 1/2/2013
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    The judgment should restrict this action. Hire an attorney to review the issue and have the court address your concerns.
    Answer Applies to: Michigan
    Replied: 1/2/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Immediately file and serve an ex parte request to prevent the children from leaving their current county of residence.
    Answer Applies to: California
    Replied: 1/2/2013
    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
    Replied: 1/2/2013
    Law Office of Barton R. Resnicoff | Barton R. Resnicoff
    Not only can you request a stay; you should proceed as quickly as possible to prevent her from moving with the children.
    Answer Applies to: New York
    Replied: 1/2/2013
    Downing Law Firm | George E Downing. Jr.
    Yes it can be filed and the Judge can determine if he/she will allow the child to be transported out of state.
    Answer Applies to: Louisiana
    Replied: 1/2/2013
    John Russo | John Russo
    Yes.
    Answer Applies to: Rhode Island
    Replied: 5/28/2013
    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
    Replied: 1/2/2013
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Yes. Act immediately and file an ex parte order preventing wife from leaving the state. If you do not have money, then get help from the family law facilitator at your local courthouse.
    Answer Applies to: California
    Replied: 1/2/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    File for a hearing to get an order to stop the move. You probably need to go ex parte to prevent the move and get an order shortening time for the hearing.
    Answer Applies to: California
    Replied: 1/2/2013
    Law Office of Kristine McDonnell | Kristine McDonnell
    Have your attorney file a motion to modify.
    Answer Applies to: Ohio
    Replied: 1/2/2013
    Woods, May & Matlock, PC
    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
    Replied: 1/2/2013
    Mary W Craig P.C. | Mary W Craig
    Did your decree say anything about whether she could move the children out of state, or if she did, how you would handle the visitation arrangements? Most decrees do. This is probably too soon to ask for a modification.
    Answer Applies to: Alabama
    Replied: 1/2/2013
    Woolley Wilson, LLP
    Woolley Wilson, LLP | William R. Wilson
    Yes you can. Your Decree should have had a geographic restriction clause.
    Answer Applies to: Texas
    Replied: 1/2/2013
    Donaldson Stewart, PC
    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
    Replied: 1/2/2013
    The Law office of Karla M Mansur
    The Law office of Karla M Mansur | Karla Mansur
    Your ex wife cannot remove the children from the state without the court's permission. If she does then you should file a complaint for contempt and potentially seek a change in custody.
    Answer Applies to: Massachusetts
    Replied: 1/2/2013
    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
    Replied: 1/2/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    File a motion with the divorce court. She cannot move the children unless the court gives her permission.
    Answer Applies to: Wisconsin
    Replied: 1/2/2013
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney