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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118127
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have 3 kids and would like to move back home I am living

Customer Question

I have 3 kids and would like to move back home I am living in La and want to go home with my kids to Ill can I go are is it kidnapping he is drinking ever night and are kids want out to we are married and I have no were to go here
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have no court order saying you cannot leave with your children, then you as a parent are free to leave the state with them at any time you want and it is not considered kidnapping under LA law. It is not even parental kidnapping, as there is no court order that you are disobeying. You can pack the children and go to IL and you can seek to even file in IL to get yourself a divorce and child custody in IL. Until there is a court order of custody, you would not be prevented from leaving with the children.