Can I move out of state with my children?

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Can I move out of state with my children?

I’m going through a divorce. My husband kicked me and our 2 kids out of the house. I have no job and no family support in the state. Would there be repercussions if I took my kids and moved out of state to be with my family?

Asked on October 11, 2018 under Family Law, California

Answers:

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

Answered 3 years ago | Contributor

If you are in the process of divorcing, then you will need the court's permission before you can relocate with your childen. If the divorce has not yet been filed, then you can leave with them unless there exisits a legal separation agreement or a temporary custody order that states otherwise. However, if you leave your husband could file for temporary custody in your current state of residence and you will be required to return with the children or face parental kidnapping charges. Your best course of action is to file for temporary custody yourself beore you move. Once the divorce is final, you can then file for permanent custody.


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