If I’m still married, canI move with my children to another state withoutmy husband’spermission?

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If I’m still married, canI move with my children to another state withoutmy husband’spermission?

I live with my husband and he is not treating me right. I can’t go anywhere because he threatens me. I cannot go to see my relatives in other states with my 2 children. He is creating more difficulties for me every day. I want to know is there anyway that I can take my children with me to see my parents and other relatives living in other states?

Asked on August 25, 2010 under Family Law, Louisiana

Answers:

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

Answered 10 years ago | Contributor

You can take your child out-of-staet as long as there is no court order in affect.  Your husband, however, can go to court in LA and obtain an order which will require you to return to the state.  If you don't return, you can potentailly be charged with parental kidnapping, and you will jepordize your claim in any future custody proceeding.  What you should do is you to go to court first t obtain legal custody.  If you get a temporary order from the court on custody, 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 children in making its decision.  

You could file for custody once you re-establish residency in your new state (but that will take time; in most states it's around 6 months).  In the meantime, your husband could file in LA and you would have to return.

Note:  To merely visit family members, you can take the children at any time. 


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