If I’m legally separated from my husband and we have temporary custody set by a court at 50/50, is it posible for me to move out of state?

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If I’m legally separated from my husband and we have temporary custody set by a court at 50/50, is it posible for me to move out of state?

How would I go about doing this? I have the chance to live with a friend cost free for 3 months in order to help determine if I really want to move. I would want to leave him with his dad so he is safe during that time but I also fear leaving him would make me look bad or cause me to loose custody.

Asked on October 10, 2012 under Family Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Given the current status of your marriage and your desire to move out of state, you personally can do so. However, taking your minor child with you will require a court order to do so. I suggest that if you truly wish to move out of state and have your husband be given full custody of your minor child on a temporary basis that you retain a family law attorney to draw up a written agreement on such terms.

Your desire to move out of state should not be deemed a penalty where you could losse custody of your child. Rather, the economy has been a challenge and perhaps the move will allow yourself to better your financial condition workwise.


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