Can I move myself and my kids out of state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 5 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.