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Category: Family Law
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Experience:  30 years as a family law lawyer .
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Can I legally move my children across stateline without my

Resolved Question:

Can I legally move my children across stateline without my spouses consent?
Submitted: 7 years ago.
Category: Family Law
Expert:  RayAnswers replied 7 years ago.
Thanks for your question. You can leave here if you need be. The spouse can complain to law enforcement but likely they tell him it is a domestic matter. This is a calculated gamble here. If he files after you leave for say divorce but before you can establish new residency somewhere else then you may have to return to deal with divorce.

But I tell people here to go if they need to because if the other spouse files here before you go then surely the court keeps you here at least during the pendency and also all states have relocation laws that require judicial permission.

Again if you need to go because of resources or whatever then go here. If something comes up at least you have relocated and a court would view it that way and much more likely to allow you to stay where you are. I wish you good luck relocating here..

Parental relocation law here in your state..


On May 31, 2006, the governor signed the omnibus family bill which gets rid of the presumptions related to relocation of minor children out of state. The new law goes into effect on January 1, 2007 and imposes on the parent seeking permission to move the child to demonstrate that the move would advance the child’s best interest.

Specifically, the new law provides as follows: Not unlike the present law, a parent cannot relocate of the state with a minor child unless that parent has:

  1. Consent of the other parent, if that parent has been given parenting time by an order or decree; or
  2. An order of the court allowing the relocation."

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