My husband got out of the army while stationed in kanas. He had me and my two daughters move back in with my parents while he transitioned from army life to civilian life. He put his and my belongings in storage which I still have not been able to retrieve. I moved back to kanas and now he has left me and my daughters and we are being evicted. He said he wants a divorce and now I need to move back to North Carolina with my parents. Can I legally take my daughters with me? I don't want to break any laws. Thank you
Get a lawyer. If you cannot afford to hire a lawyer contact Kansas Legal Services (legal aid).
Your question cannot be answered with the limited information in your question. Take a look at K.S.A. 23-37,101 and following and K.S.A. 23-3222. The Kansas statutes are available on the web at http://www.kslegislature.org/li_2014/b2013_14/statute/.
Assuming that a divorce has not been filed, each of you have legal custody and are free to move. If you or he have filed for divorce, you may not give leave without giving him notice.
Yes, you can move, if there is not a pending court action regarding the divorce or any orders prohibiting the move. If there is a divorce filed, then you need to comply with the orders, or ask to have them amended. Whether there is a divorce filed or not it would be worth your time to consult with an attorney that regularly practices in this area of the law to go through all of the facts and law with you so you know your options.
The above is merely a legal opinion, and the person asking the question should contact an attorney to fully develop the facts of the case to make certain any legal action you take is right for your situation. The above opinion is not meant to establish an attorney-client relationship, and no inference of such a relationship should be made in that regard. No action will be taken on your behalf to forward your case, and you should be aware that time may be of the essence regarding your case.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline