Leaving state with children

[purplerain40]

What is the name of your state? Michigan

My mom has purchased land in Tennessee and will be moving down there soon. My husband and I agreed and have spoken about me and our three children to move down there first to Tennessee, however, he sometimes "changes his mind" and says I am trying to break up our family if I leave with our three children. My question is can he legally stop me from moving to Tennessee with our three children?

Thanks

 

[pinecone1954a]

Re: Leaving the state w/children

It all depends on whether or not it was stipulated in your original divorce decree. In other words, if it says in writing that you may not leave the state or even county without prior consent from your ex or a court order then you must get a modification to get it changed. If it says nothing, I would still consult an attorney before you left, if you leave and you are not supposed to the result could be devasting. Again it also depends on the laws in your state.

 

[nextwife]

You are not divorced? Then you are not a legal resident of TN. Yes, he can file for divorce in the state in which you both currently reside, ask for either custody, or a geographic restriction that limits your or his right to relocate the kids out of state without court permission.

Just because YOUR mom decided TN was where she wanted to be does not mean that's where he may wish to move, and that does not mean he needs to agree that your kids belong there. What if HE had parents in CA and decided he wanted to take the kids and move there? Wouldn't YOU try to stop him?

You will not have the right to file for anything in TN until you are legally established as a resident. In the interval, he CAN file in your current state of residence. The kids are the kids of both of you, and either of you have the right to take legal action to try to restrict them being moved out of the area. Once the court gets involved, it will be up to the judge.

 

[VeronicaGia]

What is the name of your state? Michigan

My mom has purchased land in Tennessee and will be moving down there soon. My husband and I agreed and have spoken about me and our three children to move down there first to Tennessee, however, he sometimes "changes his mind" and says I am trying to break up our family if I leave with our three children. My question is can he legally stop me from moving to Tennessee with our three children?

Thanks

In a nutshell, yes, he can ask the judge to order you not go to. If you go anyway, he could gain custody, go get the kids and you lose.