Do I need permission to leave the state with my child if spouse is active duty?

Asked about 1 year ago - Mesa, AZ

We are getting divorced and he is retiring from military in 5 years. I want to start my life over in a new state that would be better for my children. He can try to transfer through the military to a base in the same state or even move out there when he retires. Will the court allow me to leave? He hasn't really spent that much time with our kids since he deploys

Attorney answers (3)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . I am sorry that you are gong through this. If an action is already filed in court then you will need the courts permission to move out of state, if you have not filed, then you should consult with a local attorney in your state and in the state you plan to move to prepare a strategy, take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. R. Michael Skupin

    Contributor Level 9


    Lawyers agree

    Answered . If you currently have a divorce case pending you should read the document entitled "Preliminary Injunction." This document pertains to you if you have filed a Petition for Dissolution of Marriage and to your spouse if you have served the documents on him. It prevents anyone from leaving the state with children without consent of the opposing party. If he refuses to permit you to leave, you would have to make a request to the court.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  3. Celia R Reed

    Contributor Level 20


    Lawyers agree


    Answered . You will either need your husband's written consent to allow you to relocate or a court order. Unfortunately you cannot relocate with the children unless one of these conditions is met.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more

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