Across State Lines
As a Boise Divorce Attorney I regularly get calls from individuals who are in the middle of divorce and/or a custody battle. I field all sorts of questions, but probably one of the top ten questions involves taking children out of state before, after or during a divorce.
Can I Take My Child Out of State?
Whether you can take your child out of state during, before or after a divorce depends in large part on what stage of the process you are in and what an order of the court says about it to you in your particular case. For example, if you are separated and have not even approached the court with divorce papers, you can leave the state of Idaho with your child without any court restraint, just like you could if you and your spouse were still together. However, that doesn't necessarily mean that it is a great idea to up and leave the state without permission or knowledge of the other parent. Inevitably, the other party may try to use that against you in a child custody determination and a judge may look at it as a lapse of judgement on your part.
If you have filed divorce papers or have been served divorce papers there will be included in that an order of the court which prohibits you from leaving the state of Idaho with your child for more than 48 hours if you don't have written permission of the other parent. This joint preliminary injunction also prohibits you from doing other things like squandering community income or destroying community property.
Once your divorce is final you may have the right to leave the state during your periods of custody unless otherwise forbidden by the court and so long as the child is returned to the state in order to effect the other party's exercise of custody or for the child to be present at necessary specific times such as to attend school.
What if I Have a Job in Another State?
Leaving Idaho for gainful employment may be an allowable reason for you to leave the state with your child. However, the above stated rules will still apply. If you are in the midst of a divorce, you will have to get the ok from the other parent. If you have already gotten a divorce you may move wherever you want. One caveat in that regard, however. If you move with your child, that move must not negatively impact the child or the other parent's visitation and if it does, the other party can motion to modify the child custody decree. And, as stated above, if you haven't filed yet, you can go where you want but remember how the court will look at your move particularly if you move without informing the other parent (which you never want to do because you could face parental kidnapping charges) or getting their permission; even if you have what seems like a justifiable reason such as a new job or neglect or abuse by the other parent. Also, if you move because of a job, always ask yourself if you could have gotten a comparable job in Idaho where you already live. Is it necessary for you to leave the state?
If you are seeking a divorce and need to speak to a Boise Family Law Lawyer, give us a call, 208-472-2383 and see what we can do for you. You will be glad you did.
Showing posts with label joint preliminary injunction. Show all posts
Showing posts with label joint preliminary injunction. Show all posts
Thursday, August 29, 2013
Friday, July 13, 2012
Boise Divorce Attorneys (208) 472-2383 - Summer Vacation During a Pending Divorce
Summertime can cause headaches for family law lawyers as well as clients and I don't mean because of the heat. As a Boise Divorce Attorney I often approach the summer season with trepidation in regard to certain custody issues. The issue for me is the joint preliminary injunction. Every time a divorce complaint or a modification motion is filed in Idaho the court automatically attaches a joint preliminary injunction. This injunction places both parties on notice that they are not allowed to take the children out of the state for more than 72 hours and if they do they will be held in contempt of court and potentially face jail time. So why do divorce attorneys worry about this and what does it have to do with summer?
Summertime is traditionally vacation time. Often a family will have gone on the same vacation for years. When the couple files for divorce one party or the other may still want to take the same vacation and they didn't plan on the joint preliminary injunction being a hurdle to their vacation. Without proper planning or cooperation, this injunction can cause the vacation not to happen. So, if you are getting a divorce or a modification does it mean that you can't go on vacation? Not necessarily, but to prevent a contempt charge their are some things that you have to do first and trying to do them two weeks before vacation is the wrong time to start.
There are two ways that your vacation will stay on track. You can either have a written and signed agreement between the parties or an order of the court. The easiest and fastest way to get permission to leave is to ask the other party to allow you to take your child out of the jurisdiction. Now, while this seems easy, often because communication has broken down, it is not an easy task. Some strategies I use as a Boise Divorce Attorney is to tell my client to be very specific about where the child will be going, how they will get there, when they will call the other parent and when they will return. Sometimes this is enough incentive for the other party to say yes. If they know that they will be able to speak to their child and exactly when they will be back they sometimes are more flexible. If this is the case, you can get your agreement and go, but you also must follow the agreement. If you don't, once again you can be facing contempt charges.
The second way to keep your vacation on track is by order of the court. If the other side simply won't agree to sign, in order for you to legally take your child out of the state for more than 72 hours you must get the court to say that you may. Here too, the court will be very specific about where the child is going, how they are getting there, when there will be telephone visits with the other parent and when the child is to be returned. The difficulty family law attorneys run into is when the person wanting to leave the jurisdiction notifies their attorney that they are leaving in two weeks. This simply is not enough time to get in front of the court. Clients will often be upset because the other party knew they were going to take the vacation, they traditionally take the vacation and now, out of spite, they refuse to sign an agreement. Even though it isn't fair and doesn't seem right, that is the law. The reason it is this way is to prevent one party or the other from fleeing the jurisdiction with the child.
If you have a divorce, custody or modification issue and you need to speak to a Boise Divorce Attorney, give us a call, (208) 472-2383 and see what we can do for you.
Summertime is traditionally vacation time. Often a family will have gone on the same vacation for years. When the couple files for divorce one party or the other may still want to take the same vacation and they didn't plan on the joint preliminary injunction being a hurdle to their vacation. Without proper planning or cooperation, this injunction can cause the vacation not to happen. So, if you are getting a divorce or a modification does it mean that you can't go on vacation? Not necessarily, but to prevent a contempt charge their are some things that you have to do first and trying to do them two weeks before vacation is the wrong time to start.
There are two ways that your vacation will stay on track. You can either have a written and signed agreement between the parties or an order of the court. The easiest and fastest way to get permission to leave is to ask the other party to allow you to take your child out of the jurisdiction. Now, while this seems easy, often because communication has broken down, it is not an easy task. Some strategies I use as a Boise Divorce Attorney is to tell my client to be very specific about where the child will be going, how they will get there, when they will call the other parent and when they will return. Sometimes this is enough incentive for the other party to say yes. If they know that they will be able to speak to their child and exactly when they will be back they sometimes are more flexible. If this is the case, you can get your agreement and go, but you also must follow the agreement. If you don't, once again you can be facing contempt charges.
The second way to keep your vacation on track is by order of the court. If the other side simply won't agree to sign, in order for you to legally take your child out of the state for more than 72 hours you must get the court to say that you may. Here too, the court will be very specific about where the child is going, how they are getting there, when there will be telephone visits with the other parent and when the child is to be returned. The difficulty family law attorneys run into is when the person wanting to leave the jurisdiction notifies their attorney that they are leaving in two weeks. This simply is not enough time to get in front of the court. Clients will often be upset because the other party knew they were going to take the vacation, they traditionally take the vacation and now, out of spite, they refuse to sign an agreement. Even though it isn't fair and doesn't seem right, that is the law. The reason it is this way is to prevent one party or the other from fleeing the jurisdiction with the child.
If you have a divorce, custody or modification issue and you need to speak to a Boise Divorce Attorney, give us a call, (208) 472-2383 and see what we can do for you.
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