Can my children and I move out of state without mu husband?

I left my ex-husband because he was abusing me and having an affair. I pressed charges on him. I am planning on moving out of state with my 2 children. My oldest child is not biologically his. We haven’t went to court about anything stating I can’t leave or take my child who is biologically his.

Asked on March 26, 2016 under Family Law, Mississippi

Answers:

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

Answered 4 years ago | Contributor

First of all, you didn't indicate if he had adopted your other children, since you did not mention it I will assume that he did not. At this point you can take all of your children out-of-state as long since there is no judicial order in affect regarding custody. However, your husband can go to court and obtain an order which will require you to return to the state, with at least his child. If at that point you don't return, you can be charged with parental kidnapping. The safest way for you to obtain legal custody is for you to go to get to court first. If you get a temporary custody order, a permanent order will be issued when your divorce is finalized. In deciding whether or not you can then move out-of-state, the court will consider the bests interests of the child in making its decision.  
You should be aware that you could file for custody once you re-establish residency your parents' state (typically 6 months) but in the meantime your husband could file and, as already noted above, you could be required to return.
At this point, you should consult directly with a local divorce attorney; they can best advise you further.


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