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Relationship Discussion (non-explicit)
Reply to "If DH just informed wants divorce…"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]What will happen with child custody this summer with our 2 young kids (7 and 4)? DH has not filed yet. We are both finding attorneys. [b]He plans to move out of state and wants to take them with him for a long period this summer.[/b] Sounds crazy to me and not good for our kids. What will happen and what do I need to do? (Yes, I am finding an attorney and googling around, but if anyone has experience with this I’d appreciate your feedback. Thanks.)[/quote] Nope. Not allowed. Unclear why he would do that so abruptly to such young children. Take them away from the other parent for “a long period of time”? That’s not how kicking off a separation or divorce works. Tell him that (a) HE needs to file, then (b) you both will work out temp/separation custody plans and temp child support, until you mediate everything else. Until that happens the young children stay in their current home and do their current day cares, camps, routine, sports and short already planned vacations. Also once HE files, someone also needs to freeze the assets (all bank and trading accounts) and then they get split in half during separation. They may get further divied up later. [/quote] OP, do not listen to this person. My brother's attorney said the exact opposite. He filed, although he didn't want to, because he wanted to prevent the kids from moving with his ex. Please talk to an attorney ASAP![/quote] Yes, If OP files first and indicates that marital home is the kids' primary home and residency, STBX would have to prove in court otherwise and submit a motion to protest it. There is indeed a risk that he may move kids to a state that has no strong enforcement over enrollment kids into schools or has different "residency" requirements for custody disputes. Which is why filing first would shift the burden of proof and discovery to him, making life easier for OP and the kids[/quote]
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