If Iwant to leave my husband and move out-of-state with our daughter, canI do that?

UPDATED: Dec 16, 2010

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If Iwant to leave my husband and move out-of-state with our daughter, canI do that?

Asked on December 16, 2010 under Family Law, Ohio


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

Answered 12 years ago | Contributor

Sinceyou did not mention any type of court order already being in effect, I will assume that there is none. In that case, you can take your daughter out-of-state.  However, your husband could go to court in OH and obtain an order which will require you to return.  If you don't comply with the order (ie come back to OH), you can be charged with parental kidnapping.  The best way for you to obtain legal custody is for you to go to court first.  If you get a temporary custody order from the court, a permanent order will be issued when your divorce is finalized.  In deciding whether or not you can then move out-of-state, the court will consider the bests interests of the children in making its determination.  

Note:  You could file for custody once you re-establish residency in your new state (but that will take time; typically 6 months).  In the meantime your husband could file and, as stated above, you could be required to then return to OH.

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