Divorce Grounds Arkansas
Can ex move across statelines with child?
I'll will call my attorney when their office opens about this question, but Im just curious. My wife and I are seperated and have filed for divorce. During the seperation, she packed up and moved across state lines with my son (without my consent). Is this legal? Can I have her filed on kidnapping charges? She is also seeing someone else and have been staying the night with him with my son. WE ARE NOT EVEN Divorced YET! Is this grounds for full Custody? I live in Arkansas which is a very conservative state on child laws, if that helps.
You can't file kidnapping charges on someone without a custody order. If there is no order than the two of you have the same right to the child, and she can move wherever she wants (within the country).
You don't have to consent to her moving without a custody order. Furthermore, you don't have any control over her moving with a custody order, unless it's strictly laid out in your order.
She can see someone else. You're separated. A common thing in separations is that both parties begin dating others while they're waiting on their divorce.
This is not grounds for full custody. In fact, in conservative states, you're probably not going to get full custody or even shared/equal custody unless the mother agrees. Majority of the time the mother always gets full custody and the father gets visitation.
Grounds for a custody dispute:
*PROOF of drug use
*PROOF of violence in the home
*PROOF of insufficient living conditions
*PROOF of malnutrition or lack of ability to provide
*PROOF of child abuse
*PROOF of child neglect
...and the list goes on. However, the biggest thing is PROOF. Right now, there is nothing you can do except wait for your divorce hearings and custody orders, as well as, divorce decree.
An Explanation of Grounds For Divorce with Larry Rice
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