Can I move my kids out of state if I’m seperating from my husband?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I move my kids out of state if I’m seperating from my husband?
I like in AZ but mine and my children’s home state is CA; we had to move for my husband’s job. I want to leave my husband and move back home but he told me that I can’t take the children. I cannot live in AZ and will be moving in with family until I can get us back on our feet. Can I legally leave and take my kids? I know I have to wait 6 months before I can file for divorce but I really need to get out now.
Asked on March 26, 2017 under Family Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If there is no court order now in effect, than you you can take your children out-of-state. However, your husband can go to court and obtain an order which will require you to retur. If you don't return with the children, you can be charged with parental kidnapping.
The best way to obtain legal custody of the children is for you to go to court first. Taking them to live in another state is not a good idea insofar as a custody battle is concerned. What you want to do is get a temporary order from the court on custody and visitation (it will be temporary because a final decree will be issued upon divorce). The court will consider the bests interests of the children in making its determination and will look at such factors as: the ages of your children, the relationship of both you and your husband with your children, the present living situation of the child, etc.
Note: You could file for custody once you re-establish residency in your new state but that will take time and in the meanwhile, your husband could file and as stated above, so you could be required at that point to return.
Right now, you need to consult with a local attorney in AZ; they can best advise you further.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.