If my husband and I are want a divorce, can I leave the state with our child in order to visit family?

UPDATED: Sep 29, 2022

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If my husband and I are want a divorce, can I leave the state with our child in order to visit family?

We have a 3 year old daughter. However, I have family in another state. My husband said that I’m not allowed to leave our state with our daughter to visit family. Is this true? I’ve done this several times before we decided to divorce and there were never any problems

Asked on September 1, 2015 under Family Law, Washington


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

He has no right until a court order is in place to withhold your travel.  He is merely doing this to scare you.  Oftentimes, court decrees will dictate how and when the child can travel out of state or out of the country and what is required as a failsafe, if needed.
Here, until you have an order in place, you don't have to check in with him.

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