English
EspañolWe’re in the middle of a court case involving my children. Can I take them out of state for any amount of time?
If there is any kind of ongoing court case that involves your children, it might affect both parents’ ability to take their kids across state lines for any amount of time. This is because at the start of a case involving children, many judges automatically enter orders prohibiting both parents from taking children out of the state. The order might say that the parents can’t “remove the children from the jurisdiction.”
Even if you are only leaving for a short time, it still might violate your court order if your children leave the state without the judge’s permission. You may want to ask the judge or your attorney if you can take your children out of the state before leaving.
Common examples of court actions involving children are cases for divorce or custody and visitation. If you filed for a protective order and requested temporary custody, that might count as well.
A case would usually be considered “ongoing” if:
- either parent filed a petition, even if you haven’t had a court date yet;
- you have already been to court at least once, and there are more court dates scheduled or expected in the future, even if you haven’t been to court recently; or
- you have already had a trial or hearing, but the judge hasn’t entered a final order yet.
