Can you leave the state with your kids before a divorce is final?

UPDATED: Feb 17, 2012

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Can you leave the state with your kids before a divorce is final?

I am considering leaving my husband. I have no where to go in state. We have 2 kids. I would like to leave the state as soon as possible so that I can be with my family. How does that work with kids?

Asked on February 17, 2012 under Family Law, Utah


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  I would not advise that you leave the state with the children unless there are extreme circumstances involved.  And by exteme I mean life threatening.  If you do then it could be considered kidnapping.  Yes, the law is very strict about taking kids away from their parents, even by another parent.  If your husband consents  - and I mean IN WRITING - then you could or if a court allows it.  Good luck. 

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