I'm in the process of trying to get divorced. We have three kids together and I want to know if it is legal for me to take them to another state without being charged for kidnapping? We were married in VA and that's where id be going back to. We reside in IA right now.

Have you filed for divorce in the courts? Have any orders been issued?

You would not be accused of kidnapping as long as you let the other parent know where you are. However, if you have already filed with the courts, then you would probably be ordered to return since there is pending court action.

So what you need to do is negotiate this as part of the divorce agreement.

First what makes you assume you will get the kids in divorce court ( child custody agreement ?) he may get joint or liberal visitation, and the court can require you not move from the state. Or if you already moved, you would have to move back.