My wife plans on divorcing me. It is an unstable environment for our children and I want to take them home to VA from MO to be around family at this difficult time. I know that as long as I tell her where I am and how to contact me and that Im taking the boys on an extended vacation that legally there is nothing she can do about it. My question is this; is there anything she can do to stop me from taking them leagally? Also after I am in VA with them if she files a case against me would I have to bring them back to MO to deal with it or could the case be tried in VA? I have already spoken with a lawyer but I NEED these two questions answered as quickly as possible. I plan on leaving the state in 2.5 weeks. I want to get my children in a stable environment and around family. I do not want this, I love my wife but in the last two months she has drank extremely heavily, stayed out until 3-6 in the morning. She has been sleeping with a coworker and for a while was sleeping until 2pm while my children were left on thier own. I dont trust her right now and just want to get out of Kansas City before it eats my family alive. Please respond soon, I know she is making plans enen while I am writing this.
1 Answer from Attorneys
yes she can file documents to stop you you can file first and request a separation not a divorce and custody of the children you would have to live in VA for quite awhile to file there very unlikely you can do it your wife needs treatment, but your children must be a priority before she harms them i.e. driving drunk terrible accident you should leave NOW and leave her a letter with all the information your lawyer told you to put in it if you wait, she can file against you first and you will not be able to leave follow your lawyers advice as this forum is not for second guessing lawyers who have all the facts. Please, forgive my typos (painful hands). Good luck!