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Legally leave state?

My dh & I are separated at the moment, neither have filed for divorce. My question is can I take our dd (10months) out of state for 2 weeks? He says I cant! Can he stop me or do anything? He says he spoke with an attorney and the attorney stated neither parent can leave with the child unless the other parent okays it? I HIGHLY doubt he called anyone! But I just wanna make sure I dont get in any trouble! He's being a total dick right now to me.. Thanks in advance for any advice :) Oh we live in oklahoma if it helps!

Answer Question

Asked by Anonymous at 9:38 PM on Aug. 31, 2009 in Relationships

Answers (11)
  • In Indiana you can't leave the state. It is kidnapping. My youngest son never met his father but we were stuck in the state until he was emancipated when he was 19 so we could move to Arizona. He couldn't do normal things like scout trips or anything.

    Answer by GailllAZ at 9:42 PM on Aug. 31, 2009

  • if your have any brains you will not,and btw yes! he has as many rights as you do because the child is also his.its true and even if he said ok, get it on paper with a signature,(at the police station with an officer present) if he is being mean now, please dont give him any more reasons.good luck mommy :)

    Answer by BUSYLOVINGHIM at 9:44 PM on Aug. 31, 2009

  • Go to and link on Know the Laws and find your state and see what it says about taking children across state lines. Also you could call the local domestic violence shelter. I know he is not hurting you but they know the law about taking kids across state lines.

    Answer by admckenzie at 9:49 PM on Aug. 31, 2009

  • legalmommy101

    Answer by legalmommy101 at 9:51 PM on Aug. 31, 2009

  • IF no paperwork has been done yet, and I mean none, no temporary orders or anything, Im pretty sure you can leave and he cant do anything, BUT if he is a real ass he can go file papers while you are on vacation and you would end up charged with kidnapping, so it is a double edge sword there. Is there anyway you can go get a temporary custody order started? Once you get protection in writing its easier to do what you need to do, like go on vacation. I think you would have to wait until all court is settled before EITHER of you can take her out of state It can get tricky, and he can end up sticking it to you if you leave and he didnt say it was ok.

    Answer by SuperMomof3kids at 9:55 PM on Aug. 31, 2009

  • No there hasnt been any papers filed. I dont have the money to get an attorney at the moment, I was a SAHM for the past year and 2 months ago I found out he was cheating on me so we split up! He just wont file for it cause he thinks we can work it out HA! he's at her house right now! He's a loser! I had my dd in nov, he was home til the end of dec and started traveling for work, only seen her 2 days a week, then when he met this girl, he quit caring about everything, lost his job and now he's got me in such a bind! I've been looking for work with no luck! Im behind on EVERY bill I have! And as of right now he's spending his unemployment money on her, taking her to the movies tonight!!! HE MAKES ME SICK! I absolutley hate him! Sorry for that ladies.. got a lil irate lol! We've been together alomst 6 years but only married since October ....

    Answer by Anonymous at 10:04 PM on Aug. 31, 2009

  • It doesn't cost anything to call any ask a lawyer if you can leave the state for temp reasons. If you want help, call the number on the website I provided.


    Answer by legalmommy101 at 10:07 PM on Aug. 31, 2009

  • screw that punk...go get temp custody and get on with your life.

    Answer by Anonymous at 10:25 PM on Aug. 31, 2009

  • If there is no leagal arrangement then you can move and he can't do anything about it. Just make sure to file once you do. Call his bluff. He is using the baby to control you.

    Answer by SugarBE at 10:30 PM on Aug. 31, 2009

  • Also file for assistance to help cover the bills.

    Answer by SugarBE at 10:31 PM on Aug. 31, 2009

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