Can I move with my son to another city and file for divorce? 24 Answers as of July 04, 2013

My wife has been cheating & has a drug problem. She is living in a bad environment with my son. Can I move to another city closer to family with my son to file for divorce and custody. I have to move from our current residence in two weeks and need to make a decision, but do not want our 2 yo son living in that type of environment.

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
It is best to move under a court order allowing the move.
Answer Applies to: Washington
Replied: 8/5/2011
Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
The only thing that may prevent you from moving is your wife or the court. Seek advice from an attorney in your area to understand the many varied possibilities depending on the facts and circumstances.
Answer Applies to: Rhode Island
Replied: 7/26/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
There are too many pitfalls for a lawyer to answer a question this broad and far reaching without a good face to face. I know that sounds like a cop out but trust me, I could answer your question here and there would be 25 people who would interpret the answer all of them differently, and neither I nor any other lawyer can take that kind of exposure. If this is pending in the Dallas or Collin County area, let me know, otherwise, you really should consult with a lawyer either in your current town or where you want to move.
Answer Applies to: Texas
Replied: 7/22/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
While I am not suggesting that you can, if you do do that you should do it before filing for divorce.
Answer Applies to: Connecticut
Replied: 7/22/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Either parent can take the child wherever they want while married. If you move to another jurisdiction, you will need 6 months of residence to establish jurisdiction. If the city is in the same state, I think you can just file in the new city. See if you can work it out, so your son will have two parents. Stay well.
Answer Applies to: Alabama
Replied: 7/22/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Yes, you can move to another city, but you should not move more than 50 miles away and you cannot just "take" your son. If you do just take him, she can simply come and get him, and it could appear that you were trying to abscond with your son without her permission, which could later hurt you in the case. Best to file divorce, get a temporary order permitting the move (if it is more than 50 miles away), and proceed from there. And if you move far away, you will still need to file divorce in the county where you last resided together as Husband and Wife.
    Answer Applies to: Florida
    Replied: 7/4/2013
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    You would do better to file for divorce now and bring a motion asking the court for permission to take your son with you to the new area. If you move with your son without doing that, you risk the court stepping in after you have moved and ordering you to return your son to the mother. If that happens you are in more of a bind because you have set up a new home far from where your son will be.
    Answer Applies to: Washington
    Replied: 7/21/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Generally you can, but you should discuss it with your divorce attorney to see if there are any restrictions in your divorce or if any legal permission needs to be obtained prior to your move.
    Answer Applies to: Florida
    Replied: 7/21/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    I would say you are in for a fight, but you may well get what you want. BUT by moving,,you will not avoid the filing against your wife in the county where you and she currently live. Before you do anything, please see a domestic relations attorney.
    Answer Applies to: Ohio
    Replied: 7/21/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If there are no court orders describing each parent's authority, there is nothing to prevent you from moving other than the potential harm to your son that intensifying the conflict with his mother and depriving him of contact with her might create. You should give serious thought to finding a way to end your marriage and establish a satisfactory parenting plan in as amicable and calm way as possible. If that can be done while moving a bit farther away, there is nothing to prevent that yet. But, you need to consult both a lawyer and a mental health professional for additional information and advice on how to resolve things quickly and with the least adverse impact on your son.
    Answer Applies to: Colorado
    Replied: 7/21/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Relocation with a minor child out of State requires either the consent of the other parent, or permission of the court.
    Answer Applies to: Nevada
    Replied: 7/21/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    The divorce would have to be filed in the County in which you and your wife last lived together. As long as there is not a Court Order preventing you from taking your son with you, you can do that.
    Answer Applies to: Alabama
    Replied: 7/21/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    you do not say why you have to move. Regardless if there are no orders regarding custody then you should take steps to obtain them.
    Answer Applies to: Connecticut
    Replied: 7/21/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    I do not have enough information to comment on whether your taking your child to another city without a court order allowing such constitutes any type of kidnapping (as defined in the PKPA, stc.) based upon your brief question. Also, since I do not know which city, I can only state that you will likely need to reside in that city/state long enough to create jurisdiction for both the divorce and custody filing (probably 6 months).
    Answer Applies to: Pennsylvania
    Replied: 7/21/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    This is not a simple question. Generally, when there is no pending legal action, either or both parents are free to relocate as needed or desired. It becomes more complicated as to when you can file as a new county would require 30 days of being a resident before filing.
    Answer Applies to: Wisconsin
    Replied: 7/21/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You can move to another city in Georgia and still file for divorce, but you would need to file in the county in which your spouse lives.
    Answer Applies to: Georgia
    Replied: 7/21/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    If you have not been to court yet to establish custody and visitation orders, you can move to another city so long as you notify the mother where you are living. Then if it is in the same county you can file immediately for a divorce and ask for primary physical custody of your son. However, remember you cannot "hide" your son from his mother as that would be looked upon very poorly by the court. You need the help of an experienced family law firm.
    Answer Applies to: California
    Replied: 7/21/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Yes, as long as you remain within Oregon.
    Answer Applies to: Oregon
    Replied: 7/21/2011
    Kaczmarek Law Firm, LLC
    Kaczmarek Law Firm, LLC | Bridgette D. Kaczmarek
    You can move to another city prior to filing for divorce in Colorado, so long as you relocate within this State. In fact, it would be preferable for you to move before filing so long as it is within this state. If you want to move to another state, you would have to wait at least 6 months before you could file for divorce as jurisdiction over your son would not attach until after he resided in that state for at least 6 months.
    Answer Applies to: Colorado
    Replied: 7/21/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    These cases are all fact driven. What that means is that what you are going to be able to get and accomplish is going to depend on a very detailed analysis of the facts of your case. On the issue of her cheating on you, my feeling is that it will probably make very little difference to your case, depending on how flagrant the mother is being about it. The issues of her drug use and her bad environment may have an impact, depending on the details of the drug use and environment. Also, where the child has been living and for how long will also have an impact. As a practical matter, to have any hope of accomplishing what you want to, and at the same time staying out of trouble yourself, you are going to need to file for divorce and file for an emergency ex parte to place the child temporarily with you and allowing you to move.
    Answer Applies to: Washington
    Replied: 7/21/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    This isAmerica and he's your son, soyes. But then what happens when she comes and snatches your son and moves to a thirdcity. The functional and healthy way to do this is to file for divorce or separation and get atemporary parenting plan in place.
    Answer Applies to: Washington
    Replied: 7/21/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If you plan to move to a new city that keeps you in the same county where you have been living for the last 3 months, and assuming you have been a resident of the state of CA for at least 6 months, you can file for divorce in that county. If the mother is the primary custodial parent ( has the child most of the time) I urge you to file a motion asking to be given temporary custody of your son and get a court order giving you permission to take the action you are considering.
    Answer Applies to: California
    Replied: 7/21/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You can move where you want (although since you will late have to explain it in court, do NOT do it without seeing a lawyer). Even if you move to another state, Georgia will have jurisdiction over custody and support for at least 6 months.
    Answer Applies to: Georgia
    Replied: 7/21/2011
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