Getting custodial rights in a divorce before moving out of state
You and your spouse may be considering a divorce and wondering how your children will take it. In some cases, one spouse may feel entitled to take their children away before a divorce proceeding is set. In general, this is illegal unless custodial arrangements have been made. If you feel that your spouse has taken your children away without consent, it might be a good idea to talk to divorce attorney to get legal advice as soon as possible.
Do I have legal rights to my children?
A divorce lawyer in your area may have the knowledge to not only get your children back in your custody, but also how to use this incident in a divorce case. Divorce laws are variable in each state, so certain aspects of a divorce may not always apply to your personal situation. As long as the two of you are married, you may both have legal rights to your children.
Can I take my children during a divorce?
If your spouse really wants to leave, you may agree to let him or her move out, but the children should stay in the home. Married couples have both legal and physical custody unless the court states otherwise or if CPS has made any cases against you. By consulting a divorce lawyer, you will have the chance to discuss your rights before your spouse can start the divorce process.
How can I protect my legal rights?
You may want an attorney who will file a petition for custody and access order before your spouse. This will allow you to possibly protect your legal rights, but it can mean that you are headed for a divorce before you are ready. You can also have your attorney talk to your spouse’s attorney to negotiate a child custody agreement. This arrangement will often cover the location, visitation and child expenses for each spouse and child.
Will the father get parental rights?
There is some consensus that the family law court tends to favor women over men, but if the father attempts to use the system in a way that can help him, then he may be able to obtain what it is he wants from a divorce. Finding this method is where a divorce lawyer will most likely be able to help you. If you are afraid that your spouse is going to leave with your children, it should be your responsibility to protect your parental rights as a mother or father. The sooner you take action, the sooner you may be able to get peace of mind and be able to spend time with your children.
What are my visitation right if I am living in a different state than my ex spouse? After a divorce, some couples choose to move out of state to start a new life. While going through custodial rights, living in another state may create some obstacles when trying to get custody of your children. How does this work?
Visitation schedules can be complex when trying to work out a plan that fits with both spouses. If you want help with deciding on the best custodial rights for you and your spouse, it may be advised to speak with a divorce lawyer for legal advice on negotiating with your spouse and implementing a stable plan.