Divorce information

4 views 6 answers
Can my wife take our kids out of the state before the divorce is over?

Attorney Answers

6
James Kraayeveld ·
Depends if there is an order in place; preventing her from leaving the state. If there is no order, yes, she can. If there is an order, it depends on if it's a vacation or a move.
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Henry Gornbein ·
Hi, More information is necessary. If this is for a vacation then that is normally ok as long as there is no danger of your wife failing to return the children. If it is to move out of state then that cannot be done without an agreement or the court's permission. Talk to your attorney for more advice and information. Good luck to you. Henry Gornbein
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J Catchick ·
Technically, no, but a notable exception for many Judges is a planned vacation -- BUT she should give you an itinerary for the trip prior thereto, as well as emergency contact info/numbers. If she is trying to permanently relocate out of State with the kids, that is a BIG no-no without Court approval first, and you should bring that issue to the Judge's attention ASAP. I wish you all the best of luck, and I hope you enjoy a nice week. Warmest regards, Matt.
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Marlo D. BruchEmployment / Labor AttorneyKalamazoo, MI ·
I agree with the other two attorneys. More facts are needed to know what is happening. Your attorney should be able to answer this question. If you have a temporary order for custody and parenting time, this should be addressed in that.
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Nancy Ballast ·
Why do you ask? What do you think she has in mind, or what has she told you? I am agreeing with the other attorneys here. A parent can't relocate with the kiddos, absent permission. And if there's a trip planned she should let you know. Have you spoken to your attorney about your concerns? If not, why not?
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Raymond Pater ·
If you have an attorney, ask him/her. If not, it depends if there is a Court Order in effect that prevents the move. More information is needed to fully answer this question. If there is a court order in effect which she is violating, then no. If it violates your court ordered parenting time, then no. Contact your attorney and if you don't have one, get one!
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