Can I stop my spouse, who has child custody of my son and daughter from leaving? 7 Answers as of September 17, 2015

Can I stop my husband in court from leaving? I have a daughter and son with him, and we are in the process of getting divorced. Recently, my husband has been threatening to move out of the state with them.

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Law Office of Martin A. Kahan | Martin A. Kahan
Since you are in the "process" get a court order for him not to take the children out of state.
Answer Applies to: California
Replied: 9/17/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If you believe he may be relocating, you should preemptively file and serve a motion to prevent the children from being taken from the state.
Answer Applies to: California
Replied: 9/16/2015
Diane l. Berger | Diane L. Berger
If there is a divorce pending he cannot leave the state without court permission.
Answer Applies to: Nebraska
Replied: 9/16/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
In most states, once a divorce has begun, neither spouse may move with the child out of state, or more than 150 miles from the other spouse without mutual agreement between the parents or a court order. There is a statutory notice period, and some very specific things which must appear in the notice. For the details, consult with your divorce lawyer. If you do not have one, you really should get one. A skilled lawyer is almost always worth the investment.
Answer Applies to: Wisconsin
Replied: 9/16/2015
Law Office of Robert E McCall | Robert McCall
Review Florida statute 61.13001
Answer Applies to: Florida
Replied: 9/16/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    You can go to Court and get an Injunction until the case is resolved. Good luck.
    Answer Applies to: Florida
    Replied: 9/16/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If you are in the process of a divorce the children, their custody, and their residence is under the jurisdiction of the court. I would suggest you discuss this matter with your attorney, and if you have been foolish enough not to have an attorney to this point, engage one immediately.
    Answer Applies to: Michigan
    Replied: 9/16/2015
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