Can a mother leave a state with her child when she knows a divorce is coming but has not been served papers?
Question Details: I am the mother and my husband decided to tell his family he is filing for divorce but did not tell me. I have not been served papers. I am wondering if my daughter and I can leave his home state and go back to our home state, without any interference with the law.
I know that you must feel that you are in a horrible situation - and believe me I think that you have every right to feel that way - but the law is that you can not leave the state with out "an intention to return" or it could be considered kidnapping. Please speak with a alwyer about striking first: asking for custody and to be allowed to move. See what your options are. Good luck.
