Can I move out of state?
UPDATED: Oct 1, 2022
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Can I move out of state?
I am the mother of 3 children living in Michigan. I want to separate from my
husband and eventually divorce him? He said he wants custody of the kids. Am I
allowed to move out of state before or after the divorce?
Asked on May 1, 2018 under Family Law, Michigan
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Your situation is not entirely clear. I assume that you want to take your children with you even though your husband will fight you for custody. That being the case, you can move to another state with your children so long as no divorce or custody action has been filed. As their parent, you have the right to go anywhere with them. However, once a court case has been filed, then you cannot relocate with your children. If you do, then you can be charged with parental kidnapping. Further, if your husband files first (and he probably will since you will have to wait to establish residencey until you can file in your new state), then you will legally be required to return. Therefore at this point, you should file for temporary custody before your move. This will afford the legal protection that you need to relocate with your children and no be open to any criminal charges. At this point, you should consult with a local dicorce attoreny; they can best advise you further.
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