Does my wife need written consent from me to move out of state with my child?

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Does my wife need written consent from me to move out of state with my child?

My wife and I have been separated for the last 2 years. She went on a long term visit out od state with intentions of coming back but now decided that she would just like to stay there to live. can she do that without my written consent? I verbally consented to the visit but not the move, do I have a case against her? I would at least like my son to be able to visit me and she won’t allow that.

Asked on August 3, 2012 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

Please go and speak with an attorney as soon as you can.  Leaving with out the intent to return can be consideed kidnapping and no parent can keep their child from the other parent unless the court states so.   You will need to discuss with the attorney strategy here for obtaining custody (which will have to be in the state in which the child resides), etc.  Good luck.

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

Answered 9 years ago | Contributor

Please go and speak with an attorney as soon as you can.  Leaving with out the intent to return can be consideed kidnapping and no parent can keep their child from the other parent unless the court states so.   You will need to discuss with the attorney strategy here for obtaining custody (which will have to be in the state in which the child resides), etc.  Good luck.


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