CanI move out of state with my3 children and then file for divorce?

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CanI move out of state with my3 children and then file for divorce?

We are still currently living together. There has not been any previous legal arrangements made. This will be the first step to a divorce.

Asked on April 8, 2011 under Family Law, Kentucky

Answers:

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

Answered 10 years ago | Contributor

Since there is no court order in affect, you can take your children out-of-state.  However, your husband could go to court in KY and obtain an order which will require you to return - and with the children.  If you don't comply with the order and come back, you can be charged with parental kidnapping.  The best way for you to obtain legal custody is to go to court first.  If you get a temporary custody order from the court (a permanent order will be issued at such time as a divorce is finalized).  In deciding whether or not you can then move out-of-state, the court will consider "the bests interests of the children" in making its determination.  


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