Can I move out of state with my daughter and then file for divorce?

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Can I move out of state with my daughter and then file for divorce?

Asked on March 10, 2012 under Family Law, Iowa

Answers:

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

Answered 10 years ago | Contributor

I would not suggest that strategy.  If yo leave the state with out the consent of your spouse at any time really it could be considered kidnapping.  Then when it comes time for a decision to be made about who is the custodial parent it will not bode in your favor.  Seek legal help.  If you are moving for a better job or for support then a court may let you if you ask first.  If, however, you are moving for a reason that can be deemed in the best interest of the child - and you - like to get away from ana busive spouse, the court may not look so unfavorably upon you.  But get an attorneys advice first.  Good luck.


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