Can my spouse leave with my child?

Can my spouse leave with my child?

First, legally, she cannot simply leave with the kids. Even though this has seemingly happened for years, the mother has no more right to the children than the father, especially if there is no divorce or custody agreement in place. As a married couple, you share joint-legal custody of the children.

Can you move while going through a divorce?

filing for divorce online

Moving out of your old home is common during a divorce, and if the place you're going is still within the county court's jurisdiction, you should be fine. Otherwise, expect to commute back to your old town for every court date unless your ex-spouse agrees to relocate the case.

Can I take my kid out of state before divorce?

If there is some type of court action involving the children (divorce, custody, visitation, child support, etc.) that is in process, then it may be illegal for you to take the children out of state, even temporarily, without permission from the judge and/or consent of the other parent.