How do I get permission to move out of state with my child?

My husband and I moved to another state for my job. We now have a child and need to move back to our former state to be near both of our families. We have no ties or family here. He now says he will not move and if I do he will have me arrested for kidnapping. How do I get the permission to do so, so that I do not get in trouble?

Asked on March 8, 2012 under Family Law, Arizona


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  Your husband is corect:: if you leave the state with out his permission and take the baby you could be charged with kidnapping.  If you and your husband are planning to separate and you need to move back to your family you are going to have to go to court to ask that the court give you temporary custody and permission to move.  it will not be easy.  You will need legal help.  Good luck.

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