Can I move my children to another state before I file for divorce?
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Can I move my children to another state before I file for divorce?
Asked on November 19, 2012 under Family Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
As long as there is no court order in affect, then you can take your children out-of-state. However, your husband can go to court in your curent state and obtain an order which will require you to return. If at that point you don't return, you can be charged with parental kidnapping. The best thing for you to do is to obtain legal custody of the children by going to court first. If you get a temporary order of custody, a permanent order will be issued when your divorce is finalized. In determing whether or not you can move out-of-state, the court will consider the bests interests of the children.
Note: You could file for custody once you re-establish residency in your new (but that will take time; in most state 6 months). In the meantime, as already stated, your husband could file first and force you to return.
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