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#227717 - 11/05/09 04:39 PM Soon to be Ex-Wife plans to move with Kids
running_the_race Offline
Member

Registered: 11/05/09
Posts: 6
I am new to this forum and only found out last Thursday that my wife wants a Divorce.(sorry if this is long winded)
Her plans are as follows:
-She wants to move to Arizona and live with her dad for the summer. During this time she will be looking for a job back East as a teacher. She then plans to take all three kids with her when she moves. She has no family where she is going and she is not sure where she is going.It's the East Coast is all she knows.(I guess the qualifications are less then in California and she can apply with her current education).
-She has been a stay at home mom for 8 years.
-She has some family out here in California.
-We have three kids 8,5, and 2. They all have friends out here, my oldest (8) is best friends with the neighbor kid.
-While I will not say I took care of the kids as much as she did, I am a strong present in their lives (always have been), everyday I am home with them, no physical abuse or drugs, no prior run-ins with the law, I have a lot of family out here. That our kids are close with. I have a really good job with excellent benfits. I am a really good father to my kids. They all tackle me when I walk in the door.
-I have filed a retraining order to prevent her from being able to leave the state with our kids or filing divorce in another state.
-It is expected to be served tomorrow.
I know this is wordy, I just want to know if it sounds like I can prevent her from taking my kids to another state. I guess I have always assumed that the Father gets the short end when it comes to the child custody.


Edited by running_the_race (11/05/09 04:46 PM)

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#227721 - 11/05/09 05:17 PM Re: Soon to be Ex-Wife plans to move with Kids [Re: running_the_race]
Tali_Llama Offline
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Registered: 06/17/03
Posts: 6740
Loc: S. California
Although former Governor Gray Davis signed a bill restoring the old rule where custodial parents retained choices for child removal, you only mentioned that your wife would like to seek a divorce. So, if she is not the primary custodial parent, then she's going to have a hard time convincing a judge to allow this, especially if you are an actively involved parent.

I think you should suggest the same and check her reaction. What if you moved to Hawaii, and took all 3 children with you? How would she feel? When she reacts negatively, tell her "That's exactly how I feel when you say you're going to try to deny me my parental right to be with my kids." She made a committment to you and to the kids, and now she wants to break it.

You said she's been a stay at home mother for 8 years, does she have a job lined up already, or is she just magically hoping one will open up for her?

Have you taught the older children how to call police if they're removed from the state?


Edited by Tali_Llama (11/05/09 05:19 PM)
Edit Reason: afterthought
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