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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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My husband has asked for a trial seperation (no legal action

Customer Question

My husband has asked for a trial seperation (no legal action has been taken) and I feel the environment at our house is not good for the children. I have asked if I could take the boys out of state, for a couple weeks ,to spend some time with my family and give us both a break. He is saying no, any legal ramifications if I go without his permission?
Submitted: 5 years ago via ChildSupportLaws.
Category: Family Law
Expert:  Ellen replied 5 years ago.
Hello,

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

Since no legal action has been taken, you may take your boys out of state without your husband's permission and without legal consequence.

Here is why

Absent a court order or proceeding concerning the child, the parent in possession of the child has custody can choose whether to allow the child to visit with the other parent.

This means that without a court order concerning the child, both the mother and the father have equal rights. The parent that the child is with has the right to relocate or travel with his child as he sees fit and to deny visitation to the other parent.

Ellen and 4 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
You did answer my question, but can i expand on that...
If I did take them out of state w/o his permission, would that go against me when determining custody? (Im almost positive it will end in divorce) We have lived in AZ for past 8 yrs and have been in the process of relocating back to Denver, or so I thought?! We met in NE , where I grew up, moved to Denver, then to Phoenix. After starting our family (our boys are 2 and 5) and losing my father, I have wanted to move closer to family, neither one of us have family in Phoenix. My family is in NE, my husbands in Denver and Kansas. It has really been me pusing for Denver. My husband agreed to move when I found a job. The plan was after I had secured a job, we would make arrangements in Denver, my husband would help us get settled and then go back to Phoenix until things were wrapped up...I would have a support system to help w/ boys if I needed. I few days after I accepted a position, he said he wanted a trial separation while I got settled in Denver and he would keep the boys here, which is not ok with me. Over the last week I found out that his plan is to have me go solo and claim abandonment and file for temp custody...something along those lines. I just want to
Customer: replied 5 years ago.
You did answer my question, but can i expand on that...
If I did take them out of state w/o his permission, would that go against me when determining custody? (Im almost positive it will end in divorce) We have lived in AZ for past 8 yrs and have been in the process of relocating back to Denver, or so I thought?! We met in NE , where I grew up, moved to Denver, then to Phoenix. After starting our family (our boys are 2 and 5) and losing my father, I have wanted to move closer to family, neither one of us have family in Phoenix. My family is in NE, my husbands in Denver and Kansas. It has really been me pusing for Denver. My husband agreed to move when I found a job. The plan was after I had secured a job, we would make arrangements in Denver, my husband would help us get settled and then go back to Phoenix until things were wrapped up...I would have a support system to help w/ boys if I needed. I few days after I accepted a position, he said he wanted a trial separation while I got settled in Denver and he would keep the boys here, which is not ok with me. Over the last week I found out that his plan is to have me go solo and claim abandonment and file for temp custody...something along those lines. I just want to know my rights and what I
Expert:  Ellen replied 5 years ago.
Thank you for your new question.

It may be in your best interest to relocate as planned to Denver taking the boys with you.

After you have moved, he may file for divorce and custody in Arizona. Typically the court will not force a parent to leave a job and relocate back with the children-- especially since you are following the plan that you and your husband had originally made
Customer: replied 5 years ago.
Is there anything I could or should do legally before I go. I think if I would file for temp custody the process takes about 3 months. Would it be advantageous if I filed for legal separation or something along those lines first. Im sure my husband will be nasty..I feel in my heart I should go, but am scared that it would have negative consequences regarding custody later down the road.
Expert:  Ellen replied 5 years ago.
The law is only permits you to move with the children without a court order IF no court filings have occurred. Therefore you will need to leave with the children prior to you or your husband filing any action or you will need to obtain court permission to do so

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