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  1. #1
    MountainMamma is offline Junior Member
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    Can my estranged husband stop me from moving with the children?

    What is the name of your state (only U.S. law)? I have lived in South Carolina for roughly nine weeks, though I have not been here long enough to establish legal residency - it takes a year. Before that I lived in California.

    I plan to move to Michigan this weekend. My estranged husband, who returned to California after living in South Carolina with us for just short of seven weeks, objects to these plans and has told me he plans to file in California and seek an emergency order blocking me from taking our two children out of South Carolina.

    I have three questions:

    Is he likely to be able to get an emergency order blocking me from taking the kids out of a state he moved out of and left us in?

    Do I have standing in any state to file a divorce and custody action? Clearly I don't in South Carolina, and I'm not in Michigan yet, though there's a six-month residency requirement there. But what about California? My driver's license and auto registration still are in California.

    Absent any type of emergency order he's able to get, is there any reason I can't take the children to Michigan and could doing so possibly be used against me on down the road?
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by MountainMamma View Post
    What is the name of your state (only U.S. law)? I have lived in South Carolina for roughly nine weeks, though I have not been here long enough to establish legal residency - it takes a year. Before that I lived in California.

    I plan to move to Michigan this weekend. My estranged husband, who returned to California after living in South Carolina with us for just short of seven weeks, objects to these plans and has told me he plans to file in California and seek an emergency order blocking me from taking our two children out of South Carolina.

    I have three questions:

    Is he likely to be able to get an emergency order blocking me from taking the kids out of a state he moved out of and left us in?

    Do I have standing in any state to file a divorce and custody action? Clearly I don't in South Carolina, and I'm not in Michigan yet, though there's a six-month residency requirement there. But what about California? My driver's license and auto registration still are in California.

    Absent any type of emergency order he's able to get, is there any reason I can't take the children to Michigan and could doing so possibly be used against me on down the road?

    Since you're both still legal residents of California, either of you can file an action there - and it is, I believe, commonly (if not always) ordered that neither parent can relocate the child/ren out of state pending the custody decision. Something akin to an automatic injunction.

    The good news for you is that while yes, you may need to return the kids to CA for the short term, not only is CA more and more commonly (at least by what you'll read here) pro-relocation, but also that Dad did essentially agree to relocate initially with you even though he's changed his mind.

    These could be factors. Another factor might be who has been the primary caregiver during their lives. Their ages - and yes, their preferences in some instances - might also factor in.

    You would probably be best advised in speaking to an attorney - in CA.
  3. #3
    st-kitts is offline Member
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    Quote Originally Posted by MountainMamma View Post
    What is the name of your state (only U.S. law)
    Absent any type of emergency order he's able to get, is there any reason I can't take the children to Michigan and could doing so possibly be used against me on down the road?
    I would make sure you provide him with your updated information regarding your new address (intended address) in Michigan so that there are no allegations down the road that you attempted to hide the children from him and also make sure he is able to contact the children if he desires.
  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by MountainMamma View Post
    What is the name of your state (only U.S. law)? I have lived in South Carolina for roughly nine weeks, though I have not been here long enough to establish legal residency - it takes a year. Before that I lived in California.

    I plan to move to Michigan this weekend. My estranged husband, who returned to California after living in South Carolina with us for just short of seven weeks, objects to these plans and has told me he plans to file in California and seek an emergency order blocking me from taking our two children out of South Carolina.

    I have three questions:

    Is he likely to be able to get an emergency order blocking me from taking the kids out of a state he moved out of and left us in?

    Do I have standing in any state to file a divorce and custody action? Clearly I don't in South Carolina, and I'm not in Michigan yet, though there's a six-month residency requirement there. But what about California? My driver's license and auto registration still are in California.

    Absent any type of emergency order he's able to get, is there any reason I can't take the children to Michigan and could doing so possibly be used against me on down the road?
    I agree with what everyone else said, but I will tell you clearly that he cannot stop you from moving the children out of South Carolina and into Michigan. He might be able to force you to return to CA with the children, but only if he lies to the court and tells them that you moved the children from CA to Michigan, and doesn't disclose that all of you moved to South Carolina first.
  5. #5
    stealth2 is offline Senior Member
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    Why all the moves? Why SC? Why MI?

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