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Moving Out of State with Children While Married: Legal Considerations


Question
i am the father. i live in Florida. i am still married to my wife and living in the same house. can i take the kids and leave the state?

Answer
Hi Ian~

Yes, you can legally take them out of state while you're still married and there's nothing she can do about it, short of getting a court order preventing you from leaving.  If you eventually plan on divorcing her, say, after you move out of state, beware that you have to be a resident of the new state for anywhere from 30-90 days (and showing proof of residency) before you can legally file for a divorce.  And doing a divorce from two different states can be tricky and long and involved, not to mention expensive.  I hope this helps you some.