Can I take mydaughter out of state to visit my parents without her father’s permission?

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Can I take mydaughter out of state to visit my parents without her father’s permission?

My husband and I are not legally separated though he has moved in with his girlfriend. Watching him throw away his life and going through this is difficult. I want to spend some time with my parents to give me some strength. If I take my daughter out of state, but tell him exactly where we are and that he can visit anytime, is that legal? Can he have me arrested for kidnapping? I just don’t want to sit here and watch this all unfold.

Asked on April 7, 2011 under Family Law, Colorado

Answers:

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

Answered 10 years ago | Contributor

If there is no court order in affect, you can take your child out-of-state.  But, your husband could go to court in CO and obtain an order which will require you to return.  If you don't comply with the order (ie come back to CO), you can be charged with parental kidnapping once the orderis issued.  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 filed and finalized).  In deciding whether or not you can then move out-of-state, the court will consider "the bests interests of the child" in making its determination.  


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