Can I move without being charged with kidnapping? 2 Answers as of May 19, 2017

I’m legally married but not legally separated. I've been separated for a year, and am interested in moving to another state. I haven't filed for divorce, and would inform the father of where we are going.

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Nothing keeps you from moving. However, he can immediately file and demand that the child be brought back. A better, safer way to do this is to file for the divorce or a legal separation, send him a notice of relocation which gives him time to object and then move after his time to object is over if he doesn't object. If he does, you can present to the court why the benefits of a move for the child outweigh the detriments. That would require showing that you have e.g. a better job, more family support etc. at the place to which you are moving. You can't move just to create greater distance between the child and the father. Of course, you could tell him you want to move and where and see if he agrees. Do this by e-mail so that you have written proof that he was OK with the move.
Answer Applies to: Washington
Replied: 5/19/2017
Willick Law Group
Willick Law Group | Marshal S. Willick
The short answer is "no." Nevada law pretty much requires getting either written agreement of the other parent, or a court order permitting relocation, or the fact of moving with a child could be the basis of a change of custody.
Answer Applies to: Nevada
Replied: 5/18/2017
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