I am still legally married but we have been separated for 4 years and he is in prison.. We have 2 kids together and for the past year they have been living with their grandparents (I still have custody)due to the fact I have lost everything including my job. I have the opportunity to move out of state and find a job. My question is if I move and bring the kids with me what can he do when he gets out of prison this Nov?
1 Answer from Attorneys
The best thing you can do to protect yourself and your children may be to move as you planned, establish residency in the new state, and then file for divorce. This way the new state will have jurisdiction over the divorce and child custody matters.
You should seek the advice of an experienced family law attorney in the new state as soon as you arrive. In any event, because child custody orders are never permanent, once he gets out of prison, he could seek visitation or custody. However, that new state should have jurisdiction to make the decision on custody/visitation.
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