Can I legally move out of state while pregnant and take my 15 month old with me without a divorce?

UPDATED: Nov 7, 2012

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Can I legally move out of state while pregnant and take my 15 month old with me without a divorce?

My husband was convicted of domestic violence and I have found housing/job/healthcare out of state and wish to move away from him to obtain the job.

Asked on November 7, 2012 under Family Law, Iowa


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

Answered 10 years ago | Contributor

You can move now and then establish residency in your new state (this typically takes 6 months). Then you can file for sole custody. However, in the meantime your husband could file for custody in his state (your current state). If he does, you can legally be compelled to return with the children. This doesn't mean that hew ill obtain custody, etc. but you would have ot return to appear in court. That being the case, you should consider filing now before any move and selltle the custody issue before relocating. At this point, you really consult with a family law attorney who can more fuly explain your rights/responsibilities in this matter.

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