Q: Can eather parent take kids out of state while divorce is in process . no custody order in place yet .
We both have custody rite now we have equal time with them every week
A: Yes. Until there is an agreement or order issued, there is no legal restriction on either parent taking the children out of state for a vacation, trip or other temporary visit. However, if there is an active case pending, you cannot relocate the children's residence and then try to switch jurisdiction to a court in the new state. Although relocating their residence to another state may not in and of itself violate any laws, you may expect the other parent to go to court with an emergency motion to order you back with the children. That will depend on the facts, circumstances and distance involved. A move from Montgomery County, Maryland to Fairfax County, Virginia, for example, may not raise as much of an issue as a move 10 hours away.
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