I moved to MN 7 mo. ago. from TX and my husband and I have decided to separate. Can I leave the State with my son w/out my husband's permission. We are still living with his mother and I have not found a job in MN. I would like to go back to TX. We both still have our TX Driver Licenses and plates on our cars, we have no utility bills in our name in MN.
1 Answer from Attorneys
If your husband is the father you are on equal footing without a court order to the contrary. If you believe you have the right to take your son, shouldn't he have the right to keep him in MN? Without his permission things could get ugly; and you could be looking at some legal problems down the road.
Jurisdiction could be a problem too. You and your husband were legally required to get MN licenses several months ago. Utility bills may be evidence of residency, but it does not determine residency.
You need an attorney.
Robert D. Kane, Jr. Esq.
Licensed in CALIFORNIA (based in City of Orange, Orange County;) and
MINNESOTA (based in Eagan, Dakota County.)
State and Federal Courts