ssn551
recently joined
Reged: 12/07/09
Posts: 3
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My wife and I are separated and I'm afraid she may try and take our daughter out of state to her sisters or her parents. We still live under the same roof but I really fear she's going to do this. I live in New Jersey. I could really use some advice...
Edited by ssn551 (12/07/09 04:04 AM)
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PRTTUF
journeyman
Reged: 06/16/05
Posts: 85
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Are you concerned she will take them permanently, or on vacation?
Did you file anything with the courts?
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ssn551
recently joined
Reged: 12/07/09
Posts: 3
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i feel she will take her perminently and i havent filed anything with the courts. im not sure if i should file or what i should file.
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PRTTUF
journeyman
Reged: 06/16/05
Posts: 85
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You should absolutely file. If there is no custody agreement filed, she has every legal right to take the child out of state. Check the residency laws in the state she wants to go to. If she moves and stays there for a period of time before you file, that state will be recognized as the "home" state of the child.
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CuriousGeorge
enthusiast
Reged: 01/15/09
Posts: 216
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File for divorce ... now.
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You never know someone until you divorce them.
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ssn551
recently joined
Reged: 12/07/09
Posts: 3
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what benifit will that give me, please explain?
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junebug
addict
Reged: 10/05/06
Posts: 496
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without a court order, your wife has complete legal rights to take the child anywhere she wants & stay there. BTW- you have the same rights.
However, once you file a petition for divorce & then the county you file in has jurisdiction which means that court has the right to order that the child stays there or order that the child be returned to the "home" county/state.
If she takes child & establishes residency somewhere else, she can file for divorce there & the child will be ordered to stay there as that will be considered "home" county/state.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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jurisdiction.
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13.1...because I am only half crazy!
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philivey
member
Reged: 11/10/09
Posts: 126
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How long would she have to be moved out of the state in order for it to be considered the "home state". My wife is pregnant and has been threatening me to take the baby out of the state after it's born to California or Mexico. We are married have an 11 year old step daughter and I don't want her to take my baby to California.
In the instance or if she did take the child to California or Mexico what should I do?
What do I have to prove inorder to get full custody. I don't think she's in any condition to take care of a new born alone. Yet, I think she is crazy enough to just pack up and leave if she had the money.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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She can legally take the kids anywhere if divorce/custody proceedings haven't been initiated. Head her off at the pass and file now.
Residency rules differ, but I have read on here that 6 months is a 'common' figure.
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