Can my wife take my child to another state?

UPDATED: Oct 1, 2022

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Can my wife take my child to another state?

My wife has been saying she’s going to divorce me for about 7 months now but she’s hasn’t filed any papers or anything yet. I haven’t gotten to see my daughter much. She moved to another state about 2 months ago for 3 weeks but came back. She won’t ever call or answer the phone so I can see or talk to my child. She won’t cooperate or co-parent with me. She and my mother are always making the decisions and I’m always being left in the dark, finding out days later where my daughter’s at or what she’s doing. I get by-passed a lot; what should be my time my mom and wife override me and don’t really let me have anything to do with her. This morning, after not hearing from her for several days, I was told last night that they left again to go out of state but I didn’t know anything about it. Is this allowed to be done? Do I just have to wait until she comes back to see my daughter?

Asked on March 30, 2018 under Family Law, Kentucky


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Please go and speak with a lawyer asap.  The answer here is no, your wife and mother can not control your visitation with your child.  The second thing after seeing the lawyer is to file for custody and visitation of your daughter and to establish Kentucky as her "home state" which is VERY IMPORTANT TO DO NOW.If she is gone 6 months the new state is her home state and you will be litigating this matter there.  You have the same rights as your wife.  Execute them.  Good luck. 

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