If I’m filing for divorce and have 2 children, can I move out of state with them?

Asked on July 26, 2015 under Family Law, Indiana


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

Answered 5 years ago | Contributor

You don't give many details of your situation. For example, are you now separated from your children's father? Is there a custody order in place? Since you don't mention any other court action, I'll assume that that there is no custody order in effect. In that case, you can take your children (although as soon as you establish residency, you should go to court yourself to establish custody in your new location).

However, you should be aware that their father can try to obtain an "injunction" (an emergency court order) to stop this. Additionally, he can also file for custody in your current state, at which point you will have to travel back and appear in court. A judge will then decide custody/visitation matters based on the "best interests of the children".

Note: If there is a custody order in place, then you must abide by its terms.

At this point, you should consult with an attorney in your area who specializes in custody cases for further advise.

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