Can I move out of state with my children?

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

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 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.

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