Can I move my two children out of the state without their dad's permission? 7 Answers as of May 22, 2014

My husband and I are getting a divorce. There is no custody agreement yet or court order saying I can't leave.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Steven Alpers | Steven Alpers
Not if your ex objects. You may be risking a charge of child stealing.
Answer Applies to: California
Replied: 5/22/2014
Law Office of Martin A. Kahan | Martin A. Kahan
You can move since there is no court order preventing the move.
Answer Applies to: California
Replied: 5/20/2014
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
If you filed for divorce there are restraining orders on the summons prohibiting what you want to do. Even if you haven't filed a divorce yet if you move out of stated with minor children he can file an action to have the children returned. You need an attorney to guide you as you are not looking at the whole picture and possible problems you can face.
Answer Applies to: California
Replied: 5/20/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
If you are in a divorce, you can be accused of kidnapping. It's better to get the court's permission to go. File a Request for an Order to leave the state with your children.
Answer Applies to: California
Replied: 5/20/2014
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You would run the risk of federal parental kidnapping (criminal) charges being sought by your husband, unless he agrees to the children moving out of state (in writing).
Answer Applies to: California
Replied: 5/20/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If you move without court orders permitting the children to relocate, you run the risk of your ex getting court orders mandating their return. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 5/20/2014
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    There's nothing to say you can't leave BUT the court may well order you to bring the children back and may see this as a way to frustrate visitation with their father. That could result in a change of custody with their father getting primary custody. Dangerous game to move.
    Answer Applies to: California
    Replied: 5/20/2014
Click to View More Answers: