Posted by richito (216.192.5.8) on July 22, 2001 at 03:05:49:
my situation is this...
i live in california and my wife (we're living separately for 1 month) has advised me she has
found a new, higher paying job and will relocate to ny with our 14 month old son. her plan to
have our child spend 2 weeks a month with me with her agreeing to transport him cross-country
in all conditions of finances, weather, etc seems extremely unrealistic. i have voiced my
disapproval at this idea however my wife says i can't keep her in california, which i understand. i
could seek custody of our child, and in the unlikely event that i would win (my wife has family
helping care for our child, i have daycare problems due finances, plus being the male and under
the "tender years doctrine" mother would most likely gain custody), my wife would be the one
burdened with moving away from our son. are there any laws to prevent this type of
non-consentual move prior to any divorce papers being filed, while we are still married? also, is
it true that filing will initiate an "automatic" restraining order to prevent either of us from taking
our child across state lines without prior written consent of the other party? if this is true
obviously it would be wise for me to wait until closer to the expected move date to "buy time"
before the 6 month restraint would be implemented. any advice would be greatly appreciated.
my desire is for our son to have both parents in his life. thank you.