Q: Getting a divorce. My wife has relocated my 4 year old son 400 miles away from me against my consent
My wife has took my four-year-old son to relocate 400 miles away from me against my consent and that is owner recording on a voice recorder I have read all the child relocation laws but it seems they only apply to an existing custody order is there possibly a chance I can request for them to move back closer to me.
A: Hello. If you're in the process of a divorce then you may already have a temporary custody order in place. You can request them to move back closer but once a move is made, it's difficult to undo. You should consider retaining legal counsel from an attorney in the county where your case is pending. Best of luck!
A: Yes. If jurisdiction is proper in Alabama, the move was recent and there is not an existing case filed somewhere else you can file for divorce here, seek custody and ask that your child be returned to the state of Alabama. This is time sensitive however. If she moves and lives in another state for 6 months or more it is quite possible she can file for divorce in that state and force you to defend at least some issues in your case there if you are otherwise subject to personal jurisdiction in that state. You should meet with an attorney as soon as possible to set up a strategy and take action.
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