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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I havent gotten a divorce yet.I have two small children ...

Resolved Question:

I havent gotten a divorce yet.I have two small children under the age of two.I need to know if and how I could leave state to better my famiies life?I have friends and family who have offered me a house to live in with my children and to pay for colledge for me to become a nurse.what can I do?
Submitted: 8 years ago.
Category: Family Law
Expert:  Ellen replied 8 years ago.
Hello,

Has a divorce or custody proceeding been filed?
Customer: replied 8 years ago.
no not yet!
Expert:  Ellen replied 8 years ago.

Hello,

Thank you for your question. I am happy to assist you.

Generally speaking and based only on the information contained in your post, at the present time both you and the father have equal rights. Each parent, absent a custody order or court proceeding, has the right to relocate or travel with his child as he sees fit.

This means that without a custody order you can take your children anywhere. This also means that without a custody order the father can take his children anywhere. There is no legal restriction to you relocating to a different state.

When a custody action is filed, it must be filed in the home state of the children. The home state is the state in which the children have lived for the six months prior to filing.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLANDNYLAWYER

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