Can I stop my wife from taking our daughter out of our house and moving 200 miles away?

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Can I stop my wife from taking our daughter out of our house and moving 200 miles away?

She says she dosen’t want to be married anymore.

Asked on December 18, 2012 under Family Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can't legally stop your wife from leaving or wanting a divorce.  (You can certainly try to persuade her with offers to work things out-- but legally she cannot be restrained.)  Even though you can't stop your wife, you do have options when it comes to your child.  Until orders are in place, you have the same rights and access to your daughter as she does.  You can make alternative arrangements for the child.  A better option, though, is to file for divorce and obtain temporary orders which grant you custody of your daughter.  You can also include an alternative request (in the event the court denies your request for full custody), that the court limit how far away she can move to insure you quality access to your daughter.  Absent a court order, it will be very difficult to control when and where your wife will move with your daughter.


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