If I’m still legally married but we are separated, can I move out of state with our child?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m still legally married but we are separated, can I move out of state with our child?
Asked on November 29, 2012 under Family Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
So long as there is no court order in affect, then you can take your children out-of-state (unless you have a separation agreement and it provides otherwise). However, your husband can go to court and obtain an order which will require you to return with the children. If you don't return, you can be charged with parental kidnapping.
Therefore, the best thing for you to do is to obtain legal custody of the children by filing in court first. If a judge finds in your favor, you will get a temporary order of custody (a permanent order will be issued when your divorce is finalized). In determing whether or not you can move out-of-state, the court will consider the bests interests of your child.
Note: You could file for custody once you re-establish residency in your new state (but that takes time, typically 6 months). In the meantime, as pointed out above, your husband could file first and force you to return.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.