A nice apartment opened up down the street. I haven't been given custody yet, but it's a great place. Can I move out with the kids?
You can probably move out, but before you do anything you should run this question by your attorney as there are many matters to take into consideration. You do have an attorney, don't you? If not, now is an excellent time to hire one.
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Depending on what you and your husband have discussed and agreed upon, you can move. If your divorce is pending and custody has not been decided upon, moving down the street should not be a problem, unless of course, this results in provocation, and or is a breach to any agreement between you and your husband. But as the previous attorney stated, you should confer with your attorney.
Moving out "down the street" should be no issue. Retain a divorce lawyer soon so he/she can more readily determine if any factors exist which might make this a problem. As kids are involved in what looks to be a contested divorce (you are asking something that could be agreed upon), then you need legal counsel.
you can move anywhere you want. the issue is may you take the children. if your spouse objects, then you should not move them without a court order. if you do move without the order, your spouse may ask the judge to order the children back to the marital home. in lake county, that motion usually is a winner.
I agree with the other attorneys and would add a question. Are you receiving child support? If you are, there is an unstated assumption that you have "custody". If there is no support order, discuss with your attorney a motion for temporary child support so that you can move to your own place with that assumption even if there s no temporary custody order. If it is just down the block, a sharing arrangement may be possible if that would smooth over any problem with your soon-to-be ex-husband. Another factor could be if you are currently renting or if you own. If you are contemplating joint custody, you would be asking for primary residency instead of sole custody.
If you have an attorney, pease make an appointment to discuss this issue right away. If you don't have an attorney, you should retain one as soon as possible.
This is probably ok but I would need more facts to properly answer. If you don't have an attorney you should hire one.
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