Can I move out of state?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption