Can I move out of state with my children if my husband and I are separated?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I move out of state with my children if my husband and I are separated?
My husband and I got married and had our 2 children. He then moved to another state for a job while the kids and I stayed back home. He started a talking relationship with a female co-worker, so I moved with the children to try to save our marriage. He continued his relationship with this woman and it soon escalated to an affair. His behavior began to get worse and he abused me in our home while the children were sleeping. We are now separated and she lives with him in our old home; I got a new rental place. I have been considered a resident here for 1 year and 2 months but I have no friends or family. I still have a great relationship with my in-laws who live back in our former state of residence.
Asked on November 25, 2015 under Family Law, North Dakota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
First of all, are you legally separated? If so, your separation agreement might address the issue of a move. If you are not leally separated, then you can move to another state with the children at any time. However, at that point, your husband could file for a temporary custody of the children. You woud then be legally obligated to return with them. If you failed to do so, then you could be charged with parental kidnapping.
Frankly, while you could move back and possibly have time to establish residenty there and file for divorce, your husband might not let that happen. Again, he could file for temporay custody in the state in which he now lives. Your best bet is to go to court and file for temporary custody first. There is no guarantee as to what will a judge will decide but you might have a chance of being able to move back with your children. Once your divorce is in process you could file for permanent custody.
Since this can all get complicated, you should consult directly with a divorce attorney in your area. They can best advise you further.
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 AttorneyPages.com 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.