If I live with my husband and our son but would like to file for divorce and move to another state, how should I go about it?

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If I live with my husband and our son but would like to file for divorce and move to another state, how should I go about it?

We have been married for 6 months; our son is 1 year old. Should/can I move out of state and then file for divorce there? My husband is not very involved with the upbringing of our son, other than working. He would rather be out drinking with friends.

Asked on April 1, 2012 under Family Law, Virginia

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

Most courts frown on taking a child to another state to live without the other parent's permission.  The public policy of most states is to encourage a relationship between the child and each parent, which is hard to do from several states away.  Different states have different rules for jurisdiction over suits about kids.  You should consult with an attorney in the state you want to move to in order to find out what that state's rules are.

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

Answered 9 years ago | Contributor

I am so sorry for your situation. You need to get some legal advice in your area.  The general rule is that you can not move out of state with your son unless your husband consents or a court allows it.  The courts consider anything else an interference with his parental rights and possibly kidnapping.  Good luck. 


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