If my husband and I decided to separate and get a divorce can I leave the state with our 2 young sons?

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If my husband and I decided to separate and get a divorce can I leave the state with our 2 young sons?

We have not spoken with any lawyers or the
courts yet. But are wanting to separate and get
a divorce. We have twin 2 year old boys. We
both currently live in TN, but I would like to take
the kids to Ohio where my family is so I have a
support system. Do I have to get a court order
allowing me to leave the state with the kids?

Asked on September 28, 2017 under Family Law, Tennessee

Answers:

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

Answered 4 years ago | Contributor

Until a court order is in effect, as your children's parent, you can legally leave the state with them. That having been said, if your husband goes to court in his state for custody, then you can be required to return with them (at which point at least the issue of temporary cutody will be determined). If you do not, you can be arrested for parental kidnapping. However, if your husband agrees to your leaving, then once you establish residency in your new state, you can either file for divorce there or in the state in which your husband lives. At this point, you should consult with a local divorce lawyer.


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