If I am married and want to go back to my home state with my child, is there anything that I can do if my husband won’t allow me to leave?

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If I am married and want to go back to my home state with my child, is there anything that I can do if my husband won’t allow me to leave?

My husband and I haven’t been able to make this marriage work so I want to “separate” for a while from him. My only this is is I have no where to temporarily stay here so I want to go stay with my parents with my son until we can figure things out. My husband is not willing to let me take our son. Is there anything that I can do that will allow me to take him?

Asked on January 9, 2012 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  Generally speaking, the courts frown upon your taking a child out of state and against the will of the other parent. In fact, it can be considered kidnapping.  If you have a good reason for leaving - say the situation at home is in some way potentially dangerous or harmful to you and your son - then you can make an application to the court for temporary guardian ship and request permission to move out of state.


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