Since our divorce is not final and we are still legally married is it legal to move out of state with our children?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Ohio divorce laws where I am licensed to practice.
First, assuming that you are currently involved in a divorce pending in state court there is likely a restraining order in place that would prevent you from moving out of state with the minor children absent a written agreement from your spouse or a court order.
Second, if the divorce is pending, your divorce court likely has a procedure to follow or a form to complete and file with the court to ask permission from the court to move. It is very important to read the local rules of the court to check for this kind of procedure.
Most states require a relocating divorced parent to file a “Notice of Relocation” that gives the opposing party a deadline to object to your intent to move the children to a new location. There is a very good chance your local divorce court has a similar procedure.
If the opposing party does not object, or if an agreement is reached and filed with the court, you would then be permitted to move with the children.
However, if your spouse did object to you moving, then she could request to have a hearing in order to modify the child custody and/or parenting time arrangement that is currently in place.
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If you would like to move your children outside of the state where your current divorce is pending, before you make any plans to move be sure to read your court’s local rules and your current child custody orders to determine the appropriate procedure to follow.
If custody or parenting time is an issue that is contested, the last thing you want to do is move the children outside of the court’s jurisdiction without receiving permission first.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.