Can I legal take my kids out of state to move back with my parents before I start the legal precedures for a divorce?

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Can I legal take my kids out of state to move back with my parents before I start the legal precedures for a divorce?

This is so that I have my parents monetary and emotional support. If it is legal to do that, where would I file. Also, is it likely that a judge would order me to go back since I took the kids without my husband’s consent?

Asked on October 19, 2011 under Family Law, Washington

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your kids are your kids and yes, your husband's as well. However, until such time as custody rights are outlined, you have the right to take your children wherever you need to as long you are placing them in school and providing for them. You would most likely have to file divorce where you did live prior to your move, unless the divorce laws are better where you will be moving to and unless you obtain residency there. Divorce can be an ugly experience and to protect yourself and your children, to ensure you get the most out of this dilemma, you may wish to consult with a divorce attorney in the current state and discuss your move with him or her and whether or not the divorce laws in the new state would be better for you.


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