Can I take my 10 year old to another state?

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Can I take my 10 year old to another state?

I want to file divorce. After I file and most likely before it’s finalized, I want to move back to Wisconsin. I want to know the legal ramifications if I do that. Can my wife have kidnapping charges filed against me or anything else?

Asked on January 28, 2018 under Family Law, Idaho

Answers:

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

Answered 3 years ago | Contributor

Until you file, you can take your children anywhere that you want. However, once a divorce has been filed things change. The local court will have jurisdiction, which means that your wife can ask to have you come back to the state. If you fail to return, then you can be arrested for parental kidnapping. Now, while you could move and then file in your new state, you would have to wait until you have established residency (which typically takes several months). In the meantime, your wife could file in her state and then that court would have jurisdiction, which again means that you would have to return with the children. Your best bet is to file now and get temporary custody. For further information, you should consult directly with a divorce attornyy in your area; they can best advise you further.


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