3 Steps To Keep Your Spouse From Moving With Your Children
If your spouse has decided to move out of the state with your children while you are in process of divorcing, you can take legal action to possibly stop him or her. Whether or not you are successful depends on several factors, including your state's laws and the reason for the move. If you are planning to stop the other parent, here are some things you need to do.
Determine the Reason for the Move
One of the biggest factors in determining whether or not you can legally stop your spouse from moving with your children is the reason for his or her move. If the other parent is moving for a job or in an effort to provide a better life for the children, a judge might decide that your spouse has a good reason and not keep him or her from moving.
However, if the other parent is moving for other reasons, such as hurt feelings or to prevent you from seeing your children, you do have legal options available.
Petition the Family Court
You and your divorce attorney need to file a petition with the court requesting that your spouse be prevented from moving with the children. If you have not already received an order regarding custody of the children, you can also request sole or shared custody of the children.
Filing the petition is important. It is your formal protest of the move. With it on the file with the family court, you can prove that your disapproval was known from the beginning.
Build the Case for Stopping the Move
Above you and your spouse's interests, the court is most concerned with the best interests of your children. It is because of this that you need to show that it is in their best interests that they are not moved. For instance, if your spouse does not have a stable job history, but you do, you could argue that he or she might not be able to provide financially for the children on a consistent basis.
You could also argue that by moving the children, your spouse is taking them away from everyone and everything that they know. You could point out that they currently have a nurturing and loving environment that is responsible for their growth to this point.
Ultimately, the judge will decide whether or not your spouse can move with the children. To improve your chances of keeping your children near you, start with working with your local divorce attorney, like those at the Madison Law Firm PLLC, as soon as possible.