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JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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We live in Md but my husband and I are seperating and we have

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We live in Md but my husband and I are seperating and we have 4 children. My only support for myself and my children live in New Jersey. Where should I file for temporary custody? what does the law say about taking the children out of state?
Submitted: 7 years ago.
Category: Family Law
Expert:  JPEsq. replied 7 years ago.
<p>You would have to file in MD, because you don't meet the residency requirement for NJ (you have to have lived there for at least 6 months full time).</p><p> </p><p>As for taking the kids and moving, there is no law against it per se, but it can backfire badly if custody is an issue. For example, if your ex does not agree to it, he could file an emergency petition for custody, based on your running.</p><p> </p><p>I suggest you file your divorce in Maryland and then put a notice of intent to relocate in the petition of you think your ex would seek custody. If custody is not an issue, you can try to move and wait out the 6 months before filing in NJ, which would be teh best case scenario </p>
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