I'm still legally married but have been separated and living in separate homes for ten months, I live in Nevada and want to move back to California to be closer to my family and I want to take my kids with me. They live with me and always have my husband sees them every other weekend, can I move and file for divorce once I've moved?

Has anything been done via the courts for the separation? If not, you probably can move, but there is a good chance the father can force the children to return. Since he is an active part of their lives, moving will interfere with that.

You are better off filing for divorce before moving and negotiating a visitation agreement with permission to move.

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Originally Posted by ScottGem

... You are better off filing for divorce before moving and negotiating a visitation agreement with permission to move.

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Or, if you don't want to divorce but merely to be separated, negotiate a separation agreement including terms for visitation.

If you move, and your husband files where he is at first, you will have to come back to court there and most likely have to return the kids to that state.

Best bet is to file where you are at and get it settled. If he wished to fight for his rights, you will not be allowed to keep the kids out of his state and away from him.

Think of it this way, what if he took the kids out of state and moved away from you, how would you feel

Jurisdiction would be in Nevada, not California, for the first 6 months after you move. Uniform Child Custody Jurisdiction And Enforcement Act