Can my husband or wife leave and take the kids?

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You’ve decided to separate. Your spouse is moving out of the home. But now, he or she claims that they are taking the kids with them when they leave. Are they permitted to take the children with them when they leave?

Maybe. Unless the courts have already determined a custody agreement, one parent is not required permission to leave with the children. If you plan to pursue custody of the children, it is advised not to leave the house. Even if you take the children with you, it may impact custody decisions because the courts can decide to keep the children at the house to reduce the disruption in their lives.

The first thing you should do is contact an experienced family law attorney. Here is more information on how to find an attorney for you and questions you should ask your attorney. Your attorney should file for a temporary custody order. Temporary custody may be decided as soon as the parents are separated.

If the parties cannot agree to a temporary custody arrangement then a hearing may be scheduled. After the hearing, the judge will issue a temporary order deciding custody. This order will be in effect until the final divorce decree is entered by the court.

What should you do if your spouse takes the children against your will?
Speak to an attorney immediately. An attorney can assist with obtaining the temporary custody order.

If you feel your children may be in danger, contact the police immediately.

Remember, these suggestions are not meant to be legal advice. You should consult an experienced assisted reproductive technology law attorney to discuss the specifics of your situation

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