Can I move out of state with my teen daughters?

My ex and I are separated but not divorced, and neither of us has filed yet. Can
I moved approximately 20 miles away to Ohio with my daughters?

Asked on February 27, 2019 under Family Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Unless and until there is a custody order in effect or a divorce action has been filed, you can move out of state with your children. However, if your spouse files for either custody or divorce in your current state of residence before you establish residency in the new state (and can file there), then you can be forced to return. If you fail to do so, you can be charged with parental kidnapping. Your best option right now is to file for temporary custody before you move. Depending on the custody order, you may be able to re-locate. Otherwise, you will need to stay in your current state, at least for a while depending on how permanent custody is awarded. At this point, you should consult directly with a divorce attorney in your area who can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Unless and until there is a custody order in effect or a divorce action has been filed, you can move out of state with your children. However, if your spouse files for either custody or divorce in your current state of residence before you establish residency in the new state (and can file there), then you can be forced to return. If you fail to do so, you can be charged with parental kidnapping. Your best option right now is to file for temporary custody before you move. Depending on the custody order, you may be able to re-locate. Otherwise, you will need to stay in your current state, at least for a while depending on how permanent custody is awarded. At this point, you should consult directly with a divorce attorney in your area who can best advise you further.


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