My wife and I are seperated (but still living together in PA) and her boyfriend just recently returned to the states (military). She is considering moving to another state and taking our 2 children with her. We have no divorce papers or custody papers (nothing in writing). What are my rights to keep my children with me - I don't really care if she goes but I want my kids to be with me.
Well as long as you have no papers, then she will do what she wants. Of course if you want to act as a father, and not as a doormat try this; hire a family lawyer and 1) sue her for divorce for adultery, 2) motion the family court that you have custody, and she pays you child support, and 3) ask for an order that the children stay in PA. You will not get all of this, but the harder you try they more you will get. Also IF you have a court order, you can charge her with kidnapping if she leaves the state. If you don't have one, you can kiss your kids goodbye.
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.
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