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If I leave my husband, can I take my children to a different state?

I have no family in the state i currently live in. I want to leave my husband and move to another state. Can I do this without getting charged with kidnapping?

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Asked by Anonymous at 10:01 PM on Jan. 3, 2011 in Relationships

Answers (14)
  • If there are no papers drawn up stating otherwise then it is fine. Keep in mind that if you move and he gets them for a visitation or something he has every right to take them back to his state and file for full custody. It has happened to 2 friends. I would file right after moving if i were you!

    Answer by Anonymous at 10:06 PM on Jan. 3, 2011

  • I don't think so

    Answer by Darla47 at 10:06 PM on Jan. 3, 2011

  • my friend left her hubby and her parents and fam are in a diff state...she contacted a lawyer and he advised her not to take their child out of state. as a matter of fact, they are officially divorced now and she still has to inform the father if they are going to visit her parents (since it is out of state).

    Answer by MommyH2 at 10:07 PM on Jan. 3, 2011

  • Your husband has rights to your children! You would need to get a divorce, and arrange visitation or have him give up his paternal rights to your children and all that goes along with divorces involving children in order for that to work! You can't just "walk away" with your children!

    Answer by LoriKeet at 10:07 PM on Jan. 3, 2011

  • Well, if you knew the circumstances you might not be telling me I can't just walk away.

    Comment by Anonymous (original poster) at 10:10 PM on Jan. 3, 2011

  • Depends on your states laws. In Michigan you can't leave the state without the other parent's approval. Plus I can't move 150 miles away from the other parent unless I have permission.

    Answer by sandbuster at 10:10 PM on Jan. 3, 2011

  • There are no papers through the court. I haven't left yet. I am going to see an attorney I just wanted to ask if anyone knew.

    Comment by Anonymous (original poster) at 10:12 PM on Jan. 3, 2011

  • either way its still his kids too and contact a lawyer so you do it the right way. if there is abuse be prepared to show a record of it. I don't think you can just leave. Maybe yopur circumstances will allow a judge to let you leave but you will be forced to let the kids go back and fourth to see their dad. I know every state is different. In Az a girl had to stay within a certain mile radius and her ex was a drug addict! Only when he decided to dissapear could she move outside that area. I am in advice research your rights for your state and contact a lawyer.

    Answer by hill2 at 10:15 PM on Jan. 3, 2011

  • If the courts allow it you can. You CAN'T take them out of state while you are going through the divorce, but you can ask that the courts allow it after the divorce is final.

    Answer by Scuba at 10:25 PM on Jan. 3, 2011

  • Read a similar question here. GL


    Answer by musicmom08 at 10:30 PM on Jan. 3, 2011

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