If my husband wants a divorce, can I move with my 2 daughters out of state?

UPDATED: Feb 20, 2012

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If my husband wants a divorce, can I move with my 2 daughters out of state?

We have only lived in this state for about a year. He has not filed yet. He has cut us off of all funds, so we have no money and don’t know anyone here. Family will be paying for our tickets home. Is this OK to go home?

Asked on February 20, 2012 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  The general rule is that you can not take the children out of state without either the consent of the other spouse or an order of the court allowing you to do so.  Otherwise it can be seen as kidnapping.  Now, you have to know that there are circumstances- such as emergency situations - that could warant your doing so with out the above.  But only an attorney in your area can tell you if this is the case.  And since you do have options - you can go to corut and ask for temporary relief now: exclusive occupancy of the marital home, temporary custody, child support and spousal support.  Trya wmen's rights organization or legal aid or a pro bono service at your local bar association.  Good luck.

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