Q: I have been seperated (not legally) for 5 yrs. Can my estranged husband take our child out of state without my ok
A: It depends on the custody order. If you want to clarify custody, you two can file for divorce and child custody orders. You can be collaborative about it if your divorce is amicable, hopefully. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: There are many facts a family law attorney would need to analyze. It is unlikely that your ex could take the child out of state, but there is more of a likelihood if there are no court orders. If there is a case, automatic temporary restraining orders prevent a parent from taking the children out of state without the permission of the other parent or judge. If you don't have a familyblaw case in court, it's probably a good idea to file. In either event, you may need to file a request for order to address child custody and visitation. Definitely consult with a family law attorney to discuss options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
