Can a spouse move out with the children without the other spouse's consent?
Question Details:
I came home from work on Friday night to find my husband packed up our 2 boys and their room and moved to a different city. Can he legally do this?
Yes, he can. As long as there is no court order in effect relating to custody, a parent has the right to take their children out of the house and move where they want; out of town or out of state, or even out of the country. What you need to do ASAP is to go to court and file for temporary custody of your children. There is no guarantee that you will get sole physical custody; the court will make the determination based on the best interest of the children. However, absent unusual circumstances, you have a good chance of at least joint custody.
