Is it illegal if a husband cheats on a wife and wife takes the kids and moves away after divorce?

by **shadrach** » Wed Nov 23, 2011 9:57 am

Is it illegal if a husband cheats on a wife and the wife takes the kids and moves away to another state without the husbands consent??? The ex-wife keeps telling the husband that she's gunna take the kids and move away. They are planning to go to court for I guess divorce/child support. They all have a clean record. No drugs. No jailtime. Can she use the excuse that he cheated so she could move away? She also tells the kids that the father has abandon them. Meanwhile, he is still home everyday after work with his children. He loves his kids and does not want them to be taken away.

Also, if you could post a reference from a website stating the law, that would be very helpful.
(This situation is located in New York State.)

by **elton** » Wed Nov 23, 2011 9:59 am

Is it illegal if a husband cheats on a wife and the wife takes the kids and moves away to another state without the husbands consent??? The ex-wife keeps telling the husband that she's gunna take the kids and move away. They are planning to go to court for I guess divorce/child support. They all have a clean record. No drugs. No jailtime. Can she use the excuse that he cheated so she could move away? She also tells the kids that the father has abandon them. Meanwhile, he is still home everyday after work with his children. He loves his kids and does not want them to be taken away.

Also, if you could post a reference from a website stating the law, that would be very helpful.
(This situation is located in New York State.)

there are many factors that can effect the legality of this. First, who has legal custody of the kids as laid down by the court? Second, has the court stipulated that the parent with custody is not able to move out of state?

With no other information than what is above, there is no way to answer the question without other questions.

by **doran** » Wed Nov 23, 2011 10:04 am

how many times are you going to ask this? No wonder he cheated, you're a bit crazy.

Anyway same answer as the last three times you asked....

Him cheating and you taking the kids are two complete separate issues. The law states that a parent cannot move children out of state without permission from Both parents. You can move to another city within your state though.

by **chen12** » Wed Nov 23, 2011 10:14 am

No they cannot do that because the husband still has custody of the kids which means he can say where they can go or where they cant. If the mother is granted full custody then yes she can go running for the hills but the kids cant go anywhere till a proper legal proceedure takes place regarding her taking the kids far away. Otherwise its kidnapping

by **corcoran42** » Wed Nov 23, 2011 10:17 am

Society does not need more fatherless children growing up to contribute to 90% of crime.
http://squidoo.com/children-of-separated-parents#module104735811

If she is allowed to move, it should be with the provision that she pays $5000 to the court in a bond that gets forfeited to him when she begins denying him access to the kids, as happens in 60% of the cases when mothers move the children away from the fathers.

by **gilleabart** » Wed Nov 23, 2011 10:20 am

It is illegal if the husband has visitation rights and the mother goes somewhere the husband can't see the kids. It all comes down to what the court decides on the father's visitation rights in the terms of the divorce. Justifying it by saying he's "cheated" doesn't give the mother the right to keep the dad from ever seeing his children again, especially if he is paying child support. Unless there is some sort of a restraining order so he can't see the kids, the mother is obligated to follow the conditions set by the court on visitation or she could go to jail and potentially lose custody of the kids herself.

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