My spouse is filing for divorce and taking our child to another state; what are my rights? If you feel that this is a viable threat, my advice is to file for divorce and serve your spouse with a restraining order. The restraining order would prevent neither party from taking the children out of their current residence or county.
The attorneys at Turner-Monahan have helped thousands of clients through their divorce cases and know how to create and fight for a plan that works for you. Learn today from Tyler Monahan what your rights are if your spouse is filing for divorce and plans to take your child to another state.
If you’re in a certain situation where your spouse has stated they’re going to divorce and they’re going to take your children to another state. And if you feel that is a viable threat, then I would recommend that you file for divorce and then you serve your spouse with a restraining order.
That restraining order will state that neither party should take the children out of their current residence or possibly out of the geographically defined area, which is generally the county. That doesn’t mean the person who served won’t violate that order. But if there is an order in place, and they violate the order, you can come back around and utilize that order.
You can get either a writ of habeas or an attachment, which can order a constable to get your children and bring them back to the court’s jurisdiction. It’s better that you file and serve and that you err on the side of caution because you can always non-suit your divorce if you want to.
If the other party moves, you’re gonna have a hard time, number one, finding them in another state. And number two, if they do it before there’s a restraining order that’s entered, it might be more difficult for you to be able to utilize some of the remedies that would have been available had you filed for divorce and obtained a restraining order before them acting as they stated they would.
That restraining order will state that neither party should take the children out of their current residence or possibly out of the geographically defined area, which is generally the county. That doesn’t mean that that person who served won’t violate that order.
But if there is an order in place, and they do violate the order, you’re able to come back around and you can utilize that order. You can get either a writ of habeas or a writ of attachment, which can order a constable to go get your children and bring them back to the jurisdiction of the court.
