can I leave with my children
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
can I leave with my children
I would like to know if
before my first court date
for my divorce. If I can
leave the state with my
children without getting
into trouble. The father
has no contact with us.
Asked on August 11, 2017 under Family Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If a divorce has been filed, then you may not leave the state without permission of the court. If you do you can be forced to return and charged with parental kidnapping. If no formal filing has been made, then you can take your children out of state, however your husband can go to court and obtain an order which will require you to return. If at that point you don't come back, you can be charged with parental kidnapping. The best thing for you to do is to obtain legal custody. You'll get a temporary order from the court regarding custody/visitation; a permanent order will be issued upon divorce. The court will consider the bests interests of the children in making its determination. Right now, you should consult directly with a local divorce attorney.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If a divorce has been filed, then you may not leave the state without permission of the court. If you do you can be forced to return and charged with parental kidnapping. If no formal filing has been made, then you can take your children out of state, however your husband can go to court and obtain an order which will require you to return. If at that point you don't come back, you can be charged with parental kidnapping. The best thing for you to do is to obtain legal custody. You'll get a temporary order from the court regarding custody/visitation; a permanent order will be issued upon divorce. The court will consider the bests interests of the children in making its determination. Right now, you should consult directly with a local divorce attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.