Can I take my son across the state line if I want a divorce?

I’m married but I want out. I’m the only one working and provideing for my son.

Asked on August 9, 2017 under Family Law, West Virginia


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

Answered 3 years ago | Contributor

If there is no court order in effect, then you you can take your son to another state. However, your husband can go to court and obtain an order which will require you to return. If at that point you don't come back, you can be charged with parental kidnapping. The best way for you to obtain legal custody is for you to go to court first.  Taking a child from their home 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 regarding custody and visitation. A final and permanent order will be issued upon divorce. The court will consider the bests interests of the children in making its determination. Right now, you should consult directly with a local divorce attorney.

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