Can I file papers to prevent my wife from leaving the state with our children?

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Can I file papers to prevent my wife from leaving the state with our children?

My wife filed papers in family court for custody of our 2 children. The basis for these papers is that she told the clerk that it is in the best interests of the children for her to have custody because she wants to relocate out of state. In roughly a week, she is supposed to be going to visit her family for 3 days. She wants to bring the kids with her and I told her I would feel more comfortable if they stayed behind with me. She doesn’t seem like she wants to do that, is it possible for me to go to family court and prevent her from leaving the state until custody is established?

Asked on May 15, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I presume that there is a child custody and visitation order in effect between you and your former spouse with respect to your children. If so, and if you believe that your former spouse will try and relocate out of state with your children absent a court order, I suggest that you consult with a family law attorney as to the best way to try and prevent such by the process of filing court papers.

Most likely a petition to the court requiring express permission for the relocation to live by your former spouse with your children is in order.


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