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Originally Posted by 381917  Usually, emergency orders are only granted when there is an emergency putting the child in danger. I consulted with a lawyer about this. He said that unless there was something going on that would show me unstable or unfit, as the primary caregiver, my kids would most definitely be staying primarily with me wherever I went. He said I could even leave the state if I wanted to as long as it wasn't secret and I made sure that everyone knew where I was going. Of course, laws are different in different states, but parents are legally allowed to take their kids wherever they want to unless a court order is already in place. |
Taking the child on a vacation/trip is one thing. Moving to have the child live somewhere else is quite another.
Yes, laws are different and judges rule differently on such cases.
At one point I move out with my son. The very next morning I was in court with a judge ordering me to return my son to his father. I explained that his father was physically and emotionally abusive. The judge did not believe me and ordered our son returned to the family home where my husband still lived. The judge further informed us that neither parent has the right to unilaterally move a child out of the family home, ever.
It was 4 years before I filed for divorce again… I took those 4 years to learn the laws and find a way to do it so that I could move out with my son. I had to get my husband to allow me to leave.
The first time I left with my son, my attorney told me exactly what your attorney told you. Turns out that my attorney, who had practiced family law for 2 decades was wrong. Attorneys tend to tell people what they want to hear.
I’ve seen a lot of cases when one parent moves with the child only to have the court order the child back home. And this is in many different states.
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Originally Posted by 381917 And I have never seen a court order stating that the custodial parent must live at a specific address. Within X miles of the city the other parent lives in, or stay in that state/county, etc sure but never at 1234 Circle Street. |
Nor did I say or imply anything about a court order telling a parent where they must live.
This thread is about parents who have not filed for divorce yet. Neither of them have a court order making one of them a custodial parent. They are parents living together in the family home with their children. One parent cannot unilaterally move the children permanently out of the family home without the consent of the other parent or a court order allowing them to move the children.
