Wife says she moving out with our daughter

[haj]

I live in AZ, have been married 4 years have a 3 year daughter.  Wife told me she wants a trial separation(verbal only), and is taking daughter to live with her father Jan 15th.  

She has been spending less and less time with us at home staying out 4-5 nights a week.  I have documented all the parenting time I have had since being told she intended to leave.

1.  Can I prevent her from taking my daughter out of the only home she's known?
2.  If I have a separation agreement drawn up before she leaves and she won't sign it, what can I do?

[Brent]

>I live in AZ, have been married 4 years have a 3 year
>daughter.  Wife told me she wants a trial separation(verbal
>only), and is taking daughter to live with her father Jan
>15th.  

Do NOT let her leave with the child! That child isn't her property to do with as she pleases! If you let her leave with the child you'll set a precedent that will be hard to correct- the judge will say that you "let her go" and then you're screwed. Trust me on this one- DO NOT LET HER TAKE THE CHILD! Get an RO to prevent the child from leaving the state. Once she leaves with the child your game is over. Ask anyone here if you don't believe me.


>
>She has been spending less and less time with us at home
>staying out 4-5 nights a week.  I have documented all the
>parenting time I have had since being told she intended to
>leave.

Do not let this child leave with her, period. The child belongs in the family home, which is where you should stay. The moment she leaves with the kid, it's all over for you.


>
>1.  Can I prevent her from taking my daughter out of the only
>home she's known?

YES. Get a restraining order ASAP. The child is not to leave the state, period.



>2.  If I have a separation agreement drawn up before she
>leaves and she won't sign it, what can I do?

File it without her, AND file a parenting plan immediately. DO NOT let her move away with the child- I can't stress this enough.

Here are some links- start reading this stuff now, and I mean right now:

Protecting Yourself During Divorce
http://www.deltabravo.net/custody/protect.htm

Tips For Getting Started
http://www.deltabravo.net/news/10-19-2000.htm

How To Hire An Attorney
http://www.deltabravo.net/custody/hiring.htm

Hiring An Effective Attorney
http://www.deltabravo.net/custody/effective.htm

First Aid Kit For Divorcing Dads
http://www.deltabravo.net/custody/firstaid.htm

[Peanutsdad]

ummm, what Brent said.


sheesh, man, do you think you got your point across??


In any case, Brent is right. If you let her leave with your child, you are screwed. It cost me thousands and months to get custody of my daughter again . Despite the fact her mother is a whacko and dangerous.

Do yourself a favor,, file now,, dont wait, dont finish reading this, go file now. If she wants a "trial seperation", she wants a divorce. No 2 ways about that. Couples do NOT reconcile by being seperated.

[1angrystepmom]

BOTH the above posters are ABSOLUTELY CORRECT!!  It has taken my DH 13 years to FIND his daughter, and another year *total of 14 years.... to even get VISITATION with her.  **That doesn't count the THOUSANDS of DOLLARS we have spent!!!!!  

One thing I tell my kids, BE SMART!! LEARN FROM THE MISTAKES OF OTHERS....

Good Luck
Amber

[avalon]

Amen to what everyone else said and BTW if she's out 4-5 nights a week find out what she's doing...probably some shinanigans.  Maybe you could use it. Sorry to be so Draconian, but you'll need everythigng can get to get custody.