Divorce

Once a divorce is filed, most states have “automatic orders” that go into effect. This is done to prevent major changes while the divorce is pending. Automatic orders limit the parties’ behavior and actions. One common automatic order is that neither parent can remove the child from the state (jurisdiction) while the divorce is pending unless the judge or the other parent consents to it.

In terms of relocating with your child to another state, it can be very problematic to take children across state lines if the other parent doesn’t agree with the move. It might even be a crime to move the child within the state without the other parent’s or the judge’s consent, if that would affect the other parent’s time with the children. It will all depend on your state’s parental kidnapping or custodial interference laws and your specific situation. In addition, judges usually do not like it when children are moved from the state where the divorce case is pending, even if no crime was committed. If the judge is dissatisfied with your actions, this can make a custody case more difficult for you, even if you moved the child for what you believed to be a good reason. You can find general information on this topic on our Parental Kidnapping page.

If you have children and you are thinking about filing for divorce, or you are already in the middle of a divorce process, please get in touch with a lawyer before taking your children out of the state. A lawyer can advise you of any possible consequences and explain what options you may have. You can visit our Finding a Lawyer page to find non-profit legal organizations as well as your state’s Bar Association’s lawyer referral service for private attorney referrals. You can also contact us through our Email Hotline if you need more specific information or referrals for your particular situation.