Am I able to stop my spouse from taking our child out of the state before filing for divorce?

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Am I able to stop my spouse from taking our child out of the state before filing for divorce?

My wife told me she wants a divorce and will
take one of our 2 children to Utah before we
divorce. She also said she will sell our truck
in a couple of days. Is there a way to stop
this?

Asked on August 21, 2019 under Family Law, Hawaii

Answers:

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

Answered 1 year ago | Contributor

As long as there is no custody order in effect, then your wife is free to relocate with your children to another state. If you want to prevent this, at least temporarily, you should file for custody. At that point, your wife can be charged with parental kidnapping if she attempts the move. The court will then make a decision as to whether or not she can leave with them. Even if she is granted permission, matters of support and visitation will be addressed. At this point, you really should consult directly with a local attorney; they can best advise you further.

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

Answered 1 year ago | Contributor

As long as there is no custody order in effect, then your wife is free to relocate with your children to another state. If you want to prevent this, at least temporarily, you should file for custody. At that point, your wife can be charged with parental kidnapping if she attempts the move. The court will then make a decision as to whether or not she can leave with them. Even if she is granted permission, matters of support and visitation will be addressed. At this point, you really should consult directly with a local attorney; they can best advise you further. 


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