Can a mother leave a state with her child when she knows a divorce is coming but has not been served papers?

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Can a mother leave a state with her child when she knows a divorce is coming but has not been served papers?

I am the mother and my husband decided to tell his family he is filing for divorce but did not tell me. I have not been served papers. I am wondering if my daughter and I can leave his home state and go back to our home state, without any interference with the law.

Asked on August 22, 2012 under Family Law, Maine

Answers:

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

Answered 8 years ago | Contributor

I know that you must feel that you are in a horrible situation - and believe me I think that you have every right to feel that way - but the law is that you can not leave the state with out "an intention to return" or it could be considered kidnapping. Please speak with a alwyer about striking first: asking for custody and to be allowed to move.  See what your options are.  Good luck.


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