What are my options if I want to leave my husband and move out of state with my children? 4 Answers as of April 07, 2011

I want to get a divorce and move out of state with my 3 kids. My husband is not legally in the country. What are my options?

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Goldberg Jones
Goldberg Jones | Zephyr Hill
You cannot leave the state without the other parent's permission or a court Order. It is difficult to predict whether the court would allow your move or not. Simply put, the court will try to protect the best interests of the children.
Answer Applies to: California
Replied: 4/7/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You could move to another state before a divorce case is filed. If you file for a divorce or legal separation in California, the Summons filed with your Petitionrestrains you from removing the children from the state of California during the case, unless you and your spouse have a written agreement to the contrary or you receive a court order permitting the move-away of the children. To file for divorce in another state, you would have to first satisfy that state's residency requirements. The residency requirement of the State of Nevada is six (6) weeks; other states have other residency requirements (California's is six months). You could file for a legal separation in another state, and if the other state has no residency requirement to file for a legal separation (as is in the case for California), you could immediately file for a legal separation in that state. Note however that the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) provides that the children's "home state" is the state where the children have resided continuously for the past six (6) months.If your husband asserts the home state defense, you could have a problem.
Answer Applies to: California
Replied: 4/7/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Your husband's legal status is not relevant here. If you want to divorce, then you can file for divorce. If he files a response, you would file a move away request. If you are in my area, please contact me for a free consultation.
Answer Applies to: California
Replied: 4/7/2011
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