Can my spouse move my kids out of the county? 8 Answers as of June 15, 2013

My spouse and I separated and I now live in the adjacent apartment complex. We both see the kids regularly and they often walk over to my place or I walk over to theirs. They stay here 1-3 days a week depending on my school schedule. My wife, who works from home, was just told she needed to work at the office. The commute is 45minutes on average and she now wants to move the kids away from the community they've been living in the last 2 years. What are my options? She has some problems with drinking, eating disorders, and promiscuity that I’ve been logging for the past 6 months on either audio or video and my kids have missed school, not eaten breakfast, etc. Several times because of these issues. I also have proof of this on audio and video conversations with both her and the kids.

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Morelos Law Firm
Morelos Law Firm | Andrea Morelos
I'm sorry to hear that. It sounds like you don't have any official written agreement or court order in place yet regarding custody. If you only had a verbal arrangement or perhaps none at all, and she is no longer cooperating with you, you need to file a lawsuit for custody/visitation, especially if you contest the move and also have concerns in general about some of her parenting and it's substantial not minor differences here and there. You should consult an attorney right away to assist you with that. You can also look into some of the pro-se (do-it-yourself) custody forms that many counties have and which can often be used for any county so long as you change the county name at the top, but you should still contact an attorney to review those forms and other consulting before actually filing to make sure you are on the right path, etc.
Answer Applies to: North Carolina
Replied: 6/15/2013
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
You can stop her from up heaving the kids status quo. But you need the help of an atty and the court to do it. Don't wait. Once they are gone it is difficult to get them back.
Answer Applies to: California
Replied: 6/10/2013
Webster & Associates | Anita Webster
You should file for a divorce and get a Joint Preliminary Injunction which prevents her from leaving the country with the children pending a divorce.
Answer Applies to: Nevada
Replied: 6/10/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
File a motion to modify the present custody order based on a material and substantial change in circumstances.
Answer Applies to: Idaho
Replied: 6/10/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
This depends on the law of the State you live in. Before you do anything, talk to a divorce lawyer. And do that soon.
Answer Applies to: New Jersey
Replied: 6/10/2013
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    It sounds like a custody hearing is in order. You need to show that you are acting in the children's best interest and that the move is inimical to the children's best interest in that they may be alienated from you and that they are being ripped away from their community. i.e. school, doctors, friends, family, etc. The bad behavior of your Ex also comes into play.
    Answer Applies to: New Jersey
    Replied: 6/6/2013
    James Family Law Firm, P.C. | Amber Yerkey James
    You need to contact a family law attorney in your area to discuss your best path forward. It appears from your question that you have not yet filed for divorce. The likelihood that you can successfully mount a claim for custody is highly specific to your particular jurisdiction and the other facts and circumstances surrounding your marriage and separation.
    Answer Applies to: Alabama
    Replied: 6/6/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Yes, she can move with the kids. If you believe they are better off in your custody and should remain in the current community, you need to file for divorce and ask for custody.
    Answer Applies to: Georgia
    Replied: 6/6/2013
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