How could I stop my wife from leaving with child custody of my son? 5 Answers as of June 30, 2015

My wife and I are getting a divorce and we have two children. My son is 8 and special needs and my daughter is 11. The plan is for her to stay with me for now. She is planning on leaving on Sat. (8th) and moving which is 1200 miles away. How can I prevent her from leaving with him? I know that a court order can do it and how do I go about doing it if I don't have the money for attorney fees. Please help me.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
First of all, beg or borrow the money for a lawyer. They know how to deal with the complexities of law and the courts. Your state may have a statute that prohibits a spouse from moving a child out of state (or beyond a certain distance) without the consent of the other parent or an order of the Court. And usually such laws require a formal notice sent to you by certified mail at least 60 days before the move, and give you the opportunity to object within, say, 20 days. If you absolutely cannot hire a lawyer, and no entity that provides legal services to the poor will help you, go to the Clerk of the Circuit or Family Court: some states have forms you can use. Obviously you must move fast.
Answer Applies to: Wisconsin
Replied: 6/30/2015
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
If your divorce has been filed, it should have provisions that she can't leave the jurisdiction with the children. If not, you need to file immediately. Many courthouses and local communities have self help clinics.
Answer Applies to: Wisconsin
Replied: 6/30/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Unfortunately, the process of getting emergency orders requires skilled assistance. Please contact your local county bar association to determine if there are any attorney members willing to work on a sliding scale basis. Time is obviously of the essence on getting orders to protect your children.
Answer Applies to: California
Replied: 6/29/2015
Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
If a divorce petition is already filed then there is a statutory automatic restraining order in effect that prevent either parent from removing the child from the state. Remind the moving parent that this restraining order exists and that the child needs to be left in the state unless the court has ordered otherwise. If you need a court order for custody, you can go to the self help center at the courthouse; there is also self help on the court's website.
Answer Applies to: California
Replied: 6/29/2015
Law Offices of Julie A. Ringquist | Julie A. Ringquist
Go to the self help center of the family law court. Get your paperwork started, get it filed, and get her served. Once you get her served (before she leaves the state), she cannot leave with the children without a court order or agreement from you. Get this completed before she leaves the state. If you have already started the case, it should include (in the summons) automatic restraining orders that go into place after the case is filed and served, including that neither parent may remove the children from the state without a court order or written permission of the other parent (see your Summons).
Answer Applies to: California
Replied: 6/29/2015
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