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Do I need permission to leave the state with my child if spouse is active duty?

Mesa, AZ |
Filed under: Divorce

We are getting divorced and he is retiring from military in 5 years. I want to start my life over in a new state that would be better for my children. He can try to transfer through the military to a base in the same state or even move out there when he retires. Will the court allow me to leave? He hasn't really spent that much time with our kids since he deploys

Attorney Answers 3

Posted

If you currently have a divorce case pending you should read the document entitled "Preliminary Injunction." This document pertains to you if you have filed a Petition for Dissolution of Marriage and to your spouse if you have served the documents on him. It prevents anyone from leaving the state with children without consent of the opposing party. If he refuses to permit you to leave, you would have to make a request to the court.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Howard M Lewis

Howard M Lewis

Posted

great counsel

Howard M Lewis

Howard M Lewis

Posted

Hi Mr. Skupin- I endorsed you, hoping you will take a second and consider endorsing me- take care.

Posted

I am sorry that you are gong through this. If an action is already filed in court then you will need the courts permission to move out of state, if you have not filed, then you should consult with a local attorney in your state and in the state you plan to move to prepare a strategy, take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Celia R Reed

Celia R Reed

Posted

Great counsel too!!

Posted

You will either need your husband's written consent to allow you to relocate or a court order. Unfortunately you cannot relocate with the children unless one of these conditions is met.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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Howard M Lewis

Howard M Lewis

Posted

great counsel

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