Not yet filed for divorce. Can the wife take the two minor children and move out of state to be with supportive friends/relatives?

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Not yet filed for divorce. Can the wife take the two minor children and move out of state to be with supportive friends/relatives?

Husband has a record of indecent exposure. Husband has a record of spouse abuse. Wife is not longer living with her husband and has both children. No separation or divorce has been filed. Wife wants to move out of state to be with people who can be supportive and that she trusts with the welfare of her children while she gets a job. Can she move to another state before a divorce or separation is filed?

Asked on May 13, 2018 under Family Law, Arizona

Answers:

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

Answered 2 years ago | Contributor

The wife can move out of state so long as no custody or divorce papers have been filed. However, the husband could then file for custody and the wife would have to come back to appear in court. If she does not, then she could be arrested for parental kidnapping. The best thing for her to do is to at least file for temporary custody before attempting to relocate. After that, she can file for divorce and permanent custody. At this point, she should consult directly with a local divorce attorney who can best advise her further.


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