Can I move back to my home state with my son?

UPDATED: Feb 14, 2012

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Can I move back to my home state with my son?

My husband and I have a son and we lived. About 15 months ago my husband moved out of state for a job and stopped talking to me. Shortly after I filed for divorce but he talked me out of it later. I moved my son and I to be closer (still 4 hours away from his dad). Now I am regretting not following through with the divorce. Can I move back with my son?

Asked on February 14, 2012 under Family Law, Nevada


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As long as there is no court order regarding custody currently in effect, then yes you can move with your children out of state. However, if your husband files first, then you will have to return with the children. Otherwise, you could be charged with parental kidnapping. That is unless you can establish residency in the state to which you are moving to and file before your husband does. However, again, if he files first then you will have to go back.

The best thing for you might just be to file where you are now. The court will then decide about your relocation.

At this point you should consult directly with an attorney in your area.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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