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gatorman4017
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Reged: 01/06/11
Posts: 1
No custody yet, but want to go to different states
      #721863 - 01/06/11 10:02 PM

I apologize if this has been answered before here. I've looked through but haven't seen anything to help yet... My wife wants a divorce. We live in Austin, Tx. but she just got a new job in Florida - she left to start it a few weeks ago. We have two young children that have been raised by me since they were born (4 and 2 years), stay at home dad. Now I've been offered a job in St. Louis, Mo. She wants to take the kids to Florida and doesn't care that I have no career prospects there. I have the kids. She left to go to Florida. Can I just take the kids to Missouri? Her entire family is in St. Louis and have told me they would help me there. Should I file for divorce in Texas or take the kids to Missouri, establish a residence there, and then file in St. Louis. If she takes the kids to Florida, will I ever get them back? This all just happened today, so I'm totally confused (among other emotions). I would do anything to be with my kids, but my career prospects are limited right now. I feel like I could get custody if I play my cards right and don't let her take them to Florida. Any help would be appreciated. I'll be contacting a lawyer soon.

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DedicatedDad
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Reged: 09/05/04
Posts: 1318
Re: No custody yet, but want to go to different states [Re: gatorman4017]
      #721886 - 01/06/11 11:10 PM

"I'll be contacting a lawyer soon."

You need on yesterday if not sooner.

File in Texas and get custody established. The courts will grant your move elsewhere later since she has moved out of state.


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Miranda
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Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
Re: No custody yet, but want to go to different states [Re: gatorman4017]
      #721923 - 01/07/11 07:29 AM

She just commited custodial suicide and it could not get any better for you. You need to get in court ASAP and request physical custody. This is exactly how my husband was granted custody of his son (my stepson) when he was two and he is now almost 18.

--------------------
13.1...because I am only half crazy!


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jcham
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Reged: 01/07/11
Posts: 12
Re: No custody yet, but want to go to different states [Re: gatorman4017]
      #725200 - 01/18/11 10:34 AM

Due to a work related injury I became that stay at home dad almost since the birth of my son, I got hurt a month after.

Ya, get to court and get a lawyer. My wife left and took our son out of state, didnt know it, didnt know where they went as she was still working in CT. I was granted visitation from the start but she not only took my boy out of state but refused visitaion.

I had a motion of contemp two infact the second I was graced enough to meet her lawyer and her lawyer pulled me aside and said there is no talk of divorce you two will reconcile just drop the contempt and lets get to whats important here ((my son)) had I not droped the motion I would have had so much more than visits I didnt get for six months, I would have gotten custody or at the very lest joint.

Get what you can for them while you can. I made some serious mistakes you dont have too....


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mobyd
journeyman


Reged: 05/23/07
Posts: 60
Re: No custody yet, but want to go to different states [Re: jcham]
      #726785 - 01/24/11 01:26 PM

don't ever take the advice of the lawyer for the person you are suing.

to the op. get a lawyer now. do not let her take the kids without a court order. Once she has them in a different state, you could be screwed.


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