Can I move myself and my kids out of state?

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Can I move myself and my kids out of state?

My husband and I are splitting. No legal action had been started. Can I move my kids and I out of state?

Asked on July 15, 2018 under Family Law, Iowa

Answers:

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

Answered 3 years ago | Contributor

Until either you or your husband files for a divorce, you can take your children anywhere that you want. However, once one has been filed, then things change. The local court will have jurisdiction, which means that your husband can ask to have you come back to the state with the children. If you fail to return, you can be arrested for parental kidnapping. While you could move and then file in your the state that you are moving to state, you would have to wait until you have established residency (which typically takes several months). In the meantime, your husband could file first. Your best course of action is to file now and get temporary custody. For further information, you should consult directly with a divorce attorney as they can best advise you further.


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