Can I take my children when I leave my husband? 20 Answers as of May 26, 2011

I am wanting to leave my husband. Can I take my three kids with me?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
While married, either parent can take the children wherever. Stay well.
Answer Applies to: Alabama
Replied: 5/26/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You really need a divorce attorney to help you with all of this. Leaving and taking the children might be the smart thing to do, or it may be a disaster. Before you do anything, sit down with a divorce attorney and get some expert legal advice. The decisions you make will affect your life and your children's lives for many years. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
Answer Applies to: New Jersey
Replied: 5/25/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
Sure. And he can take them from you and then you can steal them from him. Instead of playing ping-pong file, get ex parte orders and set a hearing for temporary orders so things are orderly or consider using the collaborative process to resolve your differences.
Answer Applies to: Washington
Replied: 5/26/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
In Oregon this question is both simple and complex. Yes you can take your children is the simple answer; but you may be forced to return them by Oregon law if Father files for a return of the children. Quite frankly your situation and the answer to your question need more analysis than a simple answer on line. You need to call and discuss this with a lawyer. Please feel free to call.
Answer Applies to: Oregon
Replied: 5/26/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
You don't provide enough detail to answer your question. If an action has already started for divorce, the court orders in place prohibit that unless the two of you agree to it.
Answer Applies to: Connecticut
Replied: 5/26/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Yes, if there is no current court proceeding concerning the divorce. However, sooner or later a court will have to decide all the parenting issues and your conduct in taking the children away from their father could be considered as not in the children's best interest by denying them the benefit of 2 parents. You should consult an attorney about your options, because it would better for you to get all the parenting issues resolved by a court ordered parenting plan before taking drastic steps that could backfire on you.
    Answer Applies to: Colorado
    Replied: 5/26/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, until there are court orders in place, there is nothing barring either parent from moving the children. When you move out you should also seek temporary orders determining what time the children will spend with each of you.
    Answer Applies to: Washington
    Replied: 5/26/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If there are no orders, then yes. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/26/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Until there is a court order to the contrary, married parents have an equal right to have the children in their care. Where a divorce is anticipated, the situation can become an untenable tug of war with the children between parents. Moreover, depriving a parent of contact withtheir children without good cause can be considered by a court when a custody determination is made. In most cases, the children are better served by mediating a custody and parenting schedule until a court can hear the issue as part of a custody, legal separation or divorce case and issue an order based on what it believes to be in the best interests of the children.
    Answer Applies to: Minnesota
    Replied: 5/26/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Cynthia J.Vermeulen
    I can only address Minnesota law on this issue. It is essential that you consult with an attorney in your jurisdiction on this issue and provide the attorney all of the details of your circumstances. The answer to your question under Minnesota law depends on whether there are any court orders governing your actions, such as a restraining order or a temporary order.
    Answer Applies to: Minnesota
    Replied: 5/26/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, you can but you must have a darned good reason other than just wanting to do so. Speak to a matrimonial attorney right away and learn all your rights before taking any steps such as you are contemplating. Good luck.
    Answer Applies to: New York
    Replied: 5/26/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are divorce attorneys in Augusta, Georgia. I would urge you to consult with a divorce lawyer in your community about ALL the facts and circumstances as soon as possible. You simply have not provided sufficient facts here, in my opinion, and you need to discuss this and a whole host of other important matters with a divorce attorney. Some lawyers give free initial consultations. Good luck!
    Answer Applies to: Georgia
    Replied: 5/26/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Why not? Especially if you are their primary parent.
    Answer Applies to: California
    Replied: 5/25/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In Michigan and Ohio, we would arrange for a temporary order of the court to permit you to keep your children until the first pre-trial hearing. At that time evidence would be reviewed by the court to determine if that arrangement should continue. You should consult your attorney.
    Answer Applies to: Ohio
    Replied: 5/25/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Unless there is a court order that says otherwise.
    Answer Applies to: Texas
    Replied: 5/25/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You would need to obtain orders from the court.
    Answer Applies to: Connecticut
    Replied: 5/25/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Not without a court order. You will need to get a family law attorney to help you obtain custody of your children, among other things, though the Probate and Family Court.
    Answer Applies to: Massachusetts
    Replied: 5/25/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, after commencing a divorce, you should seek temporary orders establishing a parenting plan.
    Answer Applies to: Washington
    Replied: 5/25/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    Where to? I don't recommend leaving the state, if you live in Washington. You can leave the marital residence but it could get messy, possibly resulting in a literal tug of war...Plus, leaving the house may be a disadvantage. If you're a Western Washington resident, I recommend you confer with my office BEFORE taking any action that might significantly prejudice you in this case.
    Answer Applies to: Washington
    Replied: 5/25/2011
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