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Loren, Lawyer
Category: Family Law
Satisfied Customers: 34095
Experience:  30 plus years of experience.
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My husband and i live in arizona we are still married and

Customer Question

my husband and i live in arizona we are still married and haven't filed for separation but we have been living apart for 3 years. We have two children ages 14 and 5 and he wants to take them to california for christmas and i said no they can't go. I'm stuck in arizona with a sick mother and i have to work the day after. my question is can he legally take my children to california without my permission because were still married even though we live apart? we haven't taken any legal steps other than living apart and there are no judgements as far as custody and if he can legally take them even though i said no. if i filed for divorce tomorrow would that block him from taking them out of state without my permission? i need to know what i need to do to stop him, so my children can stay with me for christmas. sincerely, melissa
Submitted: 1 year ago.
Category: Family Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Without any order in place regarding custody and support, either parent may go anywhere they want with their children without the permission of the other parent, so long as they are not kidnapping the child to bar access by the other parent.

Expert:  Loren replied 1 year ago.

You will need to file for divorce or separation and preliminary custody to be able to bar the father from taking them anywhere without permission or court order.

Expert:  Loren replied 1 year ago.

Are you online with me?