Can I move my kids and I away from my spouse?

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Can I move my kids and I away from my spouse?

We haven’t filed any divorce or custody agreement. I wan to move out of state.

Asked on January 9, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry that your situation is as it is.  The general rule here is that you can not take your child out of state with out the consent of your spouse or it can be considered kidnapping.  This does ot include a pleasure trip.  That has attached an intent to return.  You yourself here state that you want to move away.  That would not look good for you in a custody battle.  Get legal help.  Good luck.


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