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Yes, you can legally just move... as long as no court order has been established with regard to custody / residence of the children, you are their parent and can move wherever you wish with them prior to any court papers being filed. Be cautioned, however, that if a custody battle were to be initiated by your husband the courts might not look favorably to your moving them without his agreement. To avoid this issue, stay in frequent contact with your husband sending him news of the children and offer frequent supervised visitation in your new location (unsupervised would be risky as he can move with them without your consent, the same way you can move without his), file your divorce in your new state THE MOMENT you have established legal residency in that state and ask for temporary residential custody in the filing and also outline generous visitation for your husband per the new state's guidelines. This shows you are a cooperative coparent & did not move just to interfere with visitation (which will be his claim in an attempt to have the children returned to him). While you are waiting for the time period of establishing residency to pass in your new state, take some co-parenting counseling classes, enroll your children in school (even preschool), enroll them in as many extracirricular classes as you can afford. If you can't afford much, join free groups at the library / YMCA, etc., and go regularly. Help them make friends that become part of their daily lives. Join a church and go often. It would also be helpful if your new location had a good job, stable living environment, support network of family and friends. i.e., start a new, good and healthy life for them that you can demonstrate to the court. They will be unlikely to disrupt a good, healthy, established life just based on fake claims of visitation frustration (the court will recognize they are fake because you have kept their relationship with their father intact and offered guidelines visitation for your situation) Also be warned that your ex will try to beat you to the punch by filing for divorce/custody in your former state before you can establish residency and file in your new state. He will be trying to gain "home court advantage". Try to avoid being served those papers if you can, until you can serve him yours from your new state. If you are served, however, your most compelling case is going to be the wonderful, solid new life you've built for your children WHILE keeping their important relationship with their father intact.

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โˆ™ 2009-03-30 00:54:55
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Q: Can a woman who lives in Florida move out of state with her children without her husband's consent if they are still married when he does not want to be away from his children?
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