If my son is getting a divorce, can his wife move their children to another state without his consent?

There are 3 small children involved. She texted me today and said that she is moving with the kids next weekend out of state. She has a temporary order of sole custody at this time. There is also a DVO on my son. I am the go between for the visitations.

Asked on November 13, 2015 under Family Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless there is a court order preventing her from doing this, an adult who has custody of her children may move with them, even to another state. That said, your son may be able to get a court order preventing her from doing this. Your son should speak with a family law attorney *immediately* about going to court on an "emergent" (think: "urgent" or "emergency") basis to get a court order preventing his wife from taking their children out of state and so far away from him. It is not guaranteed he'll get such an order, but he may be able to--it's certainly worth trying.


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