If my husband and I are still married, can I take my 2 minor children out of the state without his permission?

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If my husband and I are still married, can I take my 2 minor children out of the state without his permission?

Asked on June 30, 2015 under Family Law, Alabama

Answers:

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

Answered 5 years ago | Contributor

Even though you are still married, has either one of you filed for divorce and/or custody? If so, do not leave the state, at least not without your husband's consent.

If no divorce or custody action has been filed, then you are free to leave the state. However, your husband can file for temporary custody in his state, at which point you will be required to return with your children. If you do not, you could be charged with contempt of court and parental kidnapping. The court will then decide custody matters, including whether or not you can relocate out of state. It will look at various factors in determining what is in the "best interest of the child(ren)".

Since this can all get complicated, you really should consult directly with an attorney who specializes in custody cases. They can best advise you further.


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