14 answers

Mom Taking Kids to Another State-divorce Not Even Final

Okay mommas, this is a question for a friend. His wife is going to file for divorce, four kids, two are biologically his, two he's raised from age one. No divorce settlement or custody agreement yet. She's leaving him to another state to start a new life with an ex husband. He's crushed. What can he do to stop this? She's moving in three weeks.***They currently live in Pennsylvania.

What can I do next?

Featured Answers

He should petition for divorce first and ask for custody of his biological children.
He no doubt should get an attorney, but from what I know, he should file first because then she will have to respond and answer for her choices.

Best wishes.

1 mom found this helpful

More Answers

You don't say which state your friend lives in so I don't know how much help I will be :) However, you mention that divorce hasn't been filed for yet - correct? He needs to file the initial divorce papers today or tomorrow. Then, depending on the rules of the state that your friend lives in, will dictate what happens next. Some states will allow a move within the state borders with essentially no notice (MN) and other states will allow a move of up to 150 mi but not across state lines (WI). Some states will not allow a move of any kind until the divorce is finalized. Also, if she moves before the papers are filed she will venue it where her new residence is (once she meets the residency requirements of the state she is moving to), which means he will have to travel for court appearances and to fight her for custody - no good. He needs to remember that she may be moving now because if the divorce is venued in the new state she already knows that the rules are much more leinent in that state (don't know of course, but should be factored as a possibility).

Right now, none of it really matters unless those papers get filed immediately. There are ways to file papers contesting the move prior to a divorce being filed, but it really is the long way around things.

Good luck!

1 mom found this helpful

He should petition for divorce first and ask for custody of his biological children.
He no doubt should get an attorney, but from what I know, he should file first because then she will have to respond and answer for her choices.

Best wishes.

1 mom found this helpful

This is typically not allowed with out court ruling, especially since the divorce isn't final and no visitation terms are set. He needs a lawyer pronto.

1 mom found this helpful

Absolutely talk to an attorney ASAP to find out what she can and cannot legally do.

A friend is going through a messy divorce, and despite his soon-to-be-ex wife being completely unstable, she has custodial rights in their state (Kansas). Each state will have different legislation, so it's really important to know exactly what PA's laws are.

My son's friend's parents went through a divorce in PA. I think they had already filed for divorce, and the mother was not allowed to move out of state with the kids because there was a battle for custody. Tell him to get a lawyer & good luck!

I will be praying for those kids!

in okla you can get a court order to stop her. till the custody hearing.

I know of a woman who left her husband and moved to another state. The husband filed in the home state, and she lost custody. He needs to talk to someone who knows the laws in Pa. because a parent can't just move away with the kids. While he may not have rights to the older kids, his biological kids he absolutely does.

That's a question for a lawyer. Try avvo.com

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