If my husband and I are about to split up, is it illegal if I take my children and go to my home state where my parents are?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband and I are about to split up, is it illegal if I take my children and go to my home state where my parents are?

I do not have work here and no support system so I need to go home, however I will not leave my kids behind. He keeps saying hat e will call the police if I take my kids. He is active duty in the Air Force.

Asked on January 1, 2016 under Family Law, Florida


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

Answered 6 years ago | Contributor

Since you about to split up, I'll assume that that there is no custody order in effect. In that case, you can take your children out of state. Although as soon as you establish residency there, you should go to court yourself to establish custody in your new location.
That having been said, you should be aware that your husband can also file for custody in your current state, at which point you will have to travel back and appear in court. If you fail to do so, you can be charged with parental kidnapping. A judge will then decide custody/visitation matters based on the "best interests of the children".
At this point, you should consult directly with an attorney in your area who specializes in custody cases for further advise.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption