Can I legally move out-of-state with my daughter?

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Can I legally move out-of-state with my daughter?

I have an 8 month-old I live in LA. I’ve been separated for my husband for 2 months; he is in the army and stationed at Ft. Hood in TX. He hasn’t seen or sent any money to me during this time. I want to move to NY and take my daughter. I don’t have a job  hereone in louisana but have been offered one in NY.

Asked on March 10, 2011 under Family Law, Louisiana

Answers:

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

Answered 11 years ago | Contributor

I am sorry about your situation but things seem to be looking up with the job offer.  I would urge you, though, not to  move with your child until you have an order permitting you to do so or a agreement with your husband permitting it as well.  If Louisiana is your home state and your marital state of residence then your husband - even though he is stationed in Texas - has an expectation that his child will be there when he returns.  If you leave without permission by the court or other wise (and I mean in writing here) then you could be considered kidnapping the baby. Moving to gain a better life and job is not unheard of and these days often permitted.  But go through the correct channels and seek legal help.  Ad get the child support you are permitted under the law as well.  Good luck to you.


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