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Can I leave the state of montana with my newborn if my

Can I leave the...

Can I leave the state of montana with my newborn if my husband and I do not have a custody agreement in place?

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I want to leave today and he knows and told me to do it. I know he will go down and file for divorce and custody agreement on Monday.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Montana.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. Just want to know if I can legally leave the state with her and not be thrown into jail.

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Answered in 1 minute by:
3/10/2018
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,596
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

What is the purpose of you leaving the state?

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Are you trying to keep him from having contact with the child?

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Or are you just moving elsewhere?

.

.

thanks

Barrister

Ask Your Own Family Law Question
Customer reply replied 4 months ago
I want to move back home to be with family as we both agree our marriage is over. He is from montana and I have lived here for 2 years. I am from Washington State, where I want to go to. My baby is 6 weeks old.I do not want to keep him from her, I just have no family here or any place to stay if he wants me to leave the home. I feel there is to much tension in the home since we both want a divorce.

Ok, good, then that means he can't claim "parental kidnapping". So yes, there is nothing that would prevent you from leaving the state with the child. As long as there is no court order in place, and you are not leaving to abduct the child, then you are free to leave.

.

Just make sure he knows where you are going (you could tell him after you are gone) so he can't claim parental kidnapping..

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.

thanks

Barrister

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Okay, that is great news! Thank you for answering my question!

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Have a great afternoon!

Barrister

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,596
Experience: Attorney with 17 years experience
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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