Can I move out of state with my kids to have the help and support of my family? 14 Answers as of December 19, 2013

My husband and I separated a few months ago. He moved into a 1-bedroom apartment, while I stayed in the house with our two daughters. He makes little effort to see them.

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Before you can leave the school district, let alone the state, you have to give written notice of your intent to relocate the children. He then has 30 days to object. If he doesn't object, you can go, if he does one of you needs to schedule a court hearing where the judge will make a decision.
Answer Applies to: Washington
Replied: 12/19/2013
J. Barbour Rixey, P.C.
J. Barbour Rixey, P.C. | J. Barbour Rixey
If there is no custody order in place which requires you to stay in VA then yes you can go wherever you want. If there is an order in place then you can still go as long as there is no restriction on leaving VA and you give him a 30 day advance written notice of your intention to leave.
Answer Applies to: Virginia
Replied: 12/19/2013
Attorney at Law
Attorney at Law | Frances An
Right now, you have as much right to move with your children as he does. If someone files for divorce, you will be restrained from moving with the children without a court order.
Answer Applies to: California
Replied: 12/19/2013
Goldstein and Peck. P.C.
Goldstein and Peck. P.C. | William J. Kupinse, Jr
If there is no current order in effect, you are not prohibited from moving. Nevertheless, you should obtain legal counsel on how to best handle the relationship involving you and your husband and your children.
Answer Applies to: Connecticut
Replied: 12/19/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If there is no custody order in place, sure. But file for divorce and custody as soon as six months elapse in the new state. Also, be aware that if your husband files for divorce and custody in your present state, you may have to return the kids to him.
Answer Applies to: Idaho
Replied: 12/19/2013
    Strowbridge Blaisdel Richardson | Strowbridge Richardson
    Your case will be decided on its own merits. The Court will base its decision on what is in the best interest of the children. It could be very difficult for you to move out of state unless there are agreements in place that both parent agree to that insures continued contact of the children with both parents.
    Answer Applies to: California
    Replied: 12/19/2013
    Milligan, Beswick, Levine, & Knox LLP
    Milligan, Beswick, Levine, & Knox LLP | Stephen P Levine
    Not without a court order allowing the move away or your Husbands written consent. If you moved without same he could go to court and request an immediate change of custody and possibly file child stealing charges.
    Answer Applies to: California
    Replied: 12/19/2013
    Jeffery M. Navarro, Attorney at Law | Jeffery M. Navarro
    You can provided that there is not a court order saying otherwise.
    Answer Applies to: Mississippi
    Replied: 12/19/2013
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    If you are still married and no petition for dissolution has been filed, you can presumably move anywhere. If your husband proceeds with filing a petition in Arizona however, you will have to come back and litigate here in Arizona. You may also have to return the children depending upon decisions in court or whether your husband contests the relocation. You should consult an attorney to discuss the jurisdictional issues.
    Answer Applies to: Arizona
    Replied: 12/18/2013
    Welsh Law, LLC
    Welsh Law, LLC | Michael Shane Welsh
    If there is no divorce or custody or support case filed yet, you have the right in most states to live where you wish especially if that is necessary to survive. You should leave sooner rather than later, since after he files an action, you will be potentially restricted on leaving the jurisdiction, especially if you are starting in Georgia.
    Answer Applies to: Georgia
    Replied: 12/18/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    As long as no papers have been filed, you can move.
    Answer Applies to: California
    Replied: 12/18/2013
    Law Offices of Lauren H. Kane | Lauren H. Kane
    You must secure a court order to do so and in order to obtain that you need to file a Petition For Relocation along with a Custody Petition is you haven't filed one as of yet.
    Answer Applies to: Pennsylvania
    Replied: 12/18/2013
    Diane l. Berger | Diane L. Berger
    If there has been no action filed you can do whatever you want to do. On the other hand, if you remove the children from the state your husband COULD file an action to require you to bring the children back so that a custody determination can be made.
    Answer Applies to: Nebraska
    Replied: 12/18/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If you leave the state without having court orders allowing the children to move with you, you run the risk of father getting orders to have the children return to California.
    Answer Applies to: California
    Replied: 12/18/2013
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