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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39048
Experience:  Retired (mostly)
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My husband and I are not separated or divorced but he had an affair and I want to take our

Customer Question

My husband and I are not separated or divorced but he had an affair and I want to take our 2 children and move in with my parents in a different city where I have a new job. Would I be kidnapping my children? Please help.
Submitted: 2 years ago.
Category: Family Law
Expert:  socrateaser replied 2 years ago.
Hello, You can relocate, as long as there are no current custody/visitation orders made by any court. However, your spouse could quite literally pick up the kids, and take them back to his home, because once again, there are no current custody/visitation orders. If you want to avoid a virtual tug-of-war, then you either need to petition for dissolution of marriage, or for custody/visitation orders, separate from a dissolution action. Otherwise, you could be viewed by county Child Protective Services (CPS) as engaged in child abuse, and CPS could take custody of the children, and petition the juvenile court to make custody orders without you or your spouse's consent. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!