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mother moving out of state with kids

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Can a mother move kids out of state without permission of father? They have filed for divorce but do not have anything finalized.  He is the biological father of both children aged 9 and 11.

 

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two questions first. 1) are they married? 2) if not has a court determined through paternity test or otherwise that he is the father. If the answer to either of these questions is yes, the no, he can object to any move out of state and the court would determine what is in the best interest of the child. Otherwise she can move with the child wherever she wants.

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14 hours ago, nama said:

Can a mother move kids out of state without permission of father?

 

Can it happen?  Of course.

 

Is it legal?  In many states, when a divorce is filed and served, certain restraining orders go into effect automatically.  One such order is that neither parent may remove minor children of the marriage from the state without the other parent's consent or a court order.  I do not know if Wyoming does this; I could not find any relevant information with a simple google search.

 

It's not clear what your relationship is to this situation.  Since you've referred to the parents in the third person, I assume you're neither the mother nor the father.  If the father has reason to believe that the mother might be intending to move out of state with the kids, he should speak to his divorce attorney ASAP about this and, if necessary, seek an order from the court that prohibits any such move.

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Hi @nama

 

Welcome to the community and thanks for posting! Looks like you've already gotten some great direction from the community. As others have mentioned, once a divorce is filed, mother cannot relocate the children to another state without father's position, or an order from the court. If mother wants to relocate, she'll need to file a motion requesting permissions, and father will likely want to oppose, or file his own motion prohibiting the move. It's likely a custody evaluation and/or trial will be necessary.

 

If you are not already working with an experienced family law attorney, you may want to consult with one. For a free consultation with a local attorney, click here.

 

Best of luck!

The FindLaw.com Team

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