One of the challenges in a divorce is that one spouse might want to leave the state with the kids. This could be for a perfectly legitimate reason. For example, the spouse might have a new job opportunity or might need to move to be closer to a sick family member. However, this can create complications when dealing with child custody disputes.
How to Stop Your Ex
When you discover that your ex is leaving the state with your kids, it's important to contact a child custody attorney immediately. You will need a formal custody arrangement in place so that you can protect your right to see your child.
How an Emergency Request for Custody Can Help
Your child custody attorney might recommend that you file an emergency request for custody. You will be granted custody if the court believes that your ex might hurt your child or if they are taking the child away to escape court rulings.
Your Case Against Your Ex
In some cases, you might need to build a strong case for why you need custody. You might have to argue that your ex took your kids without your permission. This is easier to prove if your kids were living with you and then were suddenly taken to a new state. However, if your kids were living with your ex, this might be a more difficult case to make.
The Best Interest of the Child
You will also need to argue that moving is not in the best interest of your kids. For example, you might argue that they will be removed from an unfamiliar environment and will be forced to go to a different school.
The Importance of Solid Evidence
Because your lawyer will need to make a solid case, you will need to provide them with as much information as possible. It's difficult to determine if the information is useful until your attorney has heard it.
You won't have to worry about any information being released because you will have an attorney-client privilege. However, certain aspects of your life might become a part of the public record if you go to trial.
When You Haven't Divorced Yet
If you have not yet divorced your spouse, this will create additional complications because you will need help serving divorce papers in another state. Fortunately, your attorney will be able to help you with any of these complicated legal matters.
For more information, contact a child custody attorney near you.