I'm about to ask my husband for a divorce. Can I move my daughter out of state - back home with family?

Question

We were in California, but both our families are in Colorado. Can I move us back to Colorado without being charged for kidnapping?

Answer 1

Yeah, but you shouldn't. Your going to make your child feel like she has to choose sides.

Answer 2

No, you cant move back to colorado.  The only way to do this legally is to go through the custody hearings.  once custody has been established, then you can decide where to live.

Answer 3

what...of course, its only a divorce

Answer 4

nope, you either need written permission from Dad and/or the courts to do so legally. To get the courts permission youll need to show the move is in the best interest of the child with residency needs  means of living and a plan to satisfy dads visitation rights, not easy but not impossible. You will need one or the other to avoid legal trouble

Answer 5

Only if he is ok with it.  If he doesn't want you to and you do he can call the cops on you.

Answer 6

Your husband has rights too and any parent taking a child across state lines without letting the other know is kidnapping.  If there is not an abuse issue and he is supportive as a parent you would be kidnapping.

Answer 7

Well unfortunately I've been there twice. Both cases the judge said I could not take the children out of state without the consent of the fathers. On the flip side the judge said my ex husband could not take my daughter out of the COUNTY without my consent!!!!

Answer 8

Unless stated in divorce or more importantly, custody papers, you might be okay taking her out of state. I wouldn't rely on answers here. I suggest you contact your local Courthouse, look for the Domestic/Family Division, and the rep there should be able to point you in the right direction to get all of your questions answered.  

Answer 9

That is a question you should ask a professional, but I'm not sure I'd recommend you moving away with the mans daughter without him knowing about it.  That's a good way to bring rage into the divorce.

Answer 10

As long as he doesn't charge you with kidnapping.

Don't be selfish about the situation, ask him if he's ok with it and set up some type of visitation arrangements.