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View Full Version : Can I move out of town with my son before filing for divorce?


oliveoyl
Aug 22, 2011, 12:23 PM
I have been married 3 years. My husband and I have a 16 month old son. I am a stay at home mother living in los Angeles. My husband and I are separating and moving towards a divorce. Nothing has been filed yet. We are currently living together and it's a very uncomfortable situation. I do not have any family in the area and I would like to move back home to get on my feet. "Home" is 13 hours North in California. I would not be leaving the state. Are there any laws that would prevent me from doing this? The move is not malicious, I just don't have anywhere to go here. I would be willing to work out a visitation agreement... I just can't live in this situation. Thank you in advance.

AK lawyer
Aug 22, 2011, 12:49 PM
... Are there any laws that would prevent me from doing this? ...

I don't think so. But, on the other hand, if you move the children without discussing it with your husband, when you finally get around to filing for divorce the court may take that into consideration.

oliveoyl
Aug 22, 2011, 01:01 PM
Thank you. It would not be without my husband's knowledge! He is fully aware already. He is just not a big fan of the idea. He thinks that because I am the one who wants the divorce that I should have to stay in Los Angeles with our son. I cannot afford to live here on my own with no family nearby. It is important to me that my son maintains a good relationship with his daddy, so as I said I'm willing to work out a schedule for visits. Ultimately I would like to move a little lower in the state... i.e. the North Bay of San Francisco. That would make visitation that much easier. But I cannot afford that yet. Is there anything I should do, like have him sign something saying he is aware of where I am going?