can I leave with my children

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can I leave with my children

I would like to know if
before my first court date
for my divorce. If I can
leave the state with my
children without getting
into trouble. The father
has no contact with us.

Asked on August 11, 2017 under Family Law, Indiana

Answers:

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

Answered 3 years ago | Contributor

If a divorce has been filed, then you may not leave the state without permission of the court. If you do you can be forced to return and charged with parental kidnapping. If no formal filing has been made, then you can take your children out of 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 thing for you to do is to obtain legal custody. You'll get a temporary order from the court regarding custody/visitation; a 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.

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

Answered 3 years ago | Contributor

If a divorce has been filed, then you may not leave the state without permission of the court. If you do you can be forced to return and charged with parental kidnapping. If no formal filing has been made, then you can take your children out of 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 thing for you to do is to obtain legal custody. You'll get a temporary order from the court regarding custody/visitation; a 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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