divorce attorney Jill Duffy Question:

I am in the center of divorce so I am all the same legally married. My wife wants to move with our child back to the state she used to live in while the divorce is awaiting.

Can she legally practice this without my consent? If she did move, would the divorce case transfer to the new land?

Answer:

The old maxim "possession is 9-tenths the police" holds truthful when dealing with children whose parents are still married. While parents are married, neither parent needs the other'due south consent to take the children out of country.

However, if during the course of their divorce a temporary custody guild has been put in identify the mother may need the father's or the courtroom'south permission to leave the state with the child.

If no such orders be, the father should petition the court for an order prohibiting the female parent from leaving the land with the child. Based on the female parent'south representations the order is needed to finalize the divorce in the state you currently alive in. Considering a divorce is already awaiting in that land, information technology is unlikely that another state's court volition have jurisdiction (authority) to beginning a new divorce and custody case.

Y'all should contact an attorney who is licensed in your jurisdiction to further discuss the specifics of your situation. Cordell & Cordell does represent men in divorce nationwide. Thanks for submitting your question.

Cordell & Cordell understands the concerns men face during divorce.

Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland Academy. She received her Juris Doctor from Michigan Land University College of Law and graduated Magna Cum Laude.

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