I want to take my kids out of state to live with me, im also in a nasty divorce but we haven’t even started paper work yet. will i get introuble?

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I want to take my kids out of state to live with me, im also in a nasty divorce but we haven’t even started paper work yet. will i get introuble?

Nasty divorce. I want to move back
home. But I want to take my kids
with me. I am their mother an
could never leave them. He wants
to control me an make everything
hard on me. I want to go with out
telling him bc I don’t want a
fight. Or my kids to be exposed to
hostile behavior. Will I get in
trouble for moving out of state
with my kids. Going from Alabama
to north Carolina.

Asked on April 2, 2016 under Family Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As long a divorce has not yet been filed and there is no court order in effect, you are free to leave the state anytime that you want with your children. You can, in theory, then move to be with your mother and establish residency there at which point you can file for divorce/custody. I say in theory because, your husband can file in his state before you are able to establish residency to the state in which you are moving to (and from the sound of things, he will do just that). If he does, you will have to return with your children; if you don't he could have you charged with parental kidnapping. What you should consider doing is to file for temorary custody now before you move. Then, if you can get the court's permission, you can relocate with your children and file for permanent custody and a divorce at that time. At this point, you should really consult directly with a local divorce attorney. They can best advise you further.


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