I have met someone else and am leaving my husband and I want to take my kids with me. The gentleman lives out of state. Can I take my children out of state with me? I am not telling my husband that I am leaving, but I will let him know once I have so we can make arrangements for him to see the kids.
1 Answer from Attorneys
Re: leaving state
I would not advise you to take your children out of state. As a parent, you need to consider and act in the childrens' best interest at all times, which is often not necessarily the same as your own. Surreptitiously taking them away from their father and out-of-state demonstrates exactly the opposite to the judge. It shows that you are willing to deceive the childrens' father and that you have little regard for the court. If you are planning on obtaining a divorce from your husband, which I assume you are, this type of conduct could very well result in you losing custody of your children during the divorce proceedings. Ultimately, the decision is yours but such decisions are not without consequences, and sometimes such consequences are unintended.
I believe the better course of action would be to file for divorce where you and your husband currently live. Otherwise, you may end up traveling long distance back to your current county of resident for the divorce proceedings. In addition, if you run off with the children, your husband may file a Motion for Temporary Custody to obtain custody of the children while the divorce is pending, in addition to seeking permanent custody of the children.
Such child custody issues should not be taken lightly, and a free internet forum is not the best place to obtain in depth legal advice about your particular fact situation. I cannot recommend strongly enough that you contact an experienced divorce lawyer to assist you in this matter. A divorce attorney can listen to the full litany of facts surrounding your situation and advise you properly so that your present and future conduct does not jeopardize your goals in the divorce proceeding.