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?

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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

Answers:

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

Answered 5 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.


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