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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption