Can my wife leave with the kids?

Can my wife leave with the kids?

First, legally, she cannot simply leave with the kids. Even though this has seemingly happened for years, the mother has no more right to the children than the father, especially if there is no divorce or custody agreement in place. As a married couple, you share joint-legal custody of the children.

Can a married spouse take a child out of state?

While parents are married, neither parent needs the other's consent to take the children out of state. However, if during the course of their divorce a temporary custody order has been put in place the mother may need the father's or the court's permission to leave the state with the child.

Do I have to let my husband see our daughter?

You can ask for sole custody, no visitation. You have to understand that children have a right to know and see their fathers, and fathers have a right to spend time with their children. Unless you have a very good reason, it's very unlikely a court will keep your child away from her father.

Can a mother move out of state without the father’s permission?

In this situation, the custodial parent will likely have to go to court, and ask a judge for permission to move the child out-of-state. Typically, a parent can't move a child to another county or state without prior approval from the court that issued the original custody order.