Mrs.

[SDavis2128]

What is the name of your state (only U.S. law)? Florida
If my marriage is breaking up and I want to go back home to Ohio, can I take my children without being charged for anything criminally? There are no pending orders on anything.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Florida
If my marriage is breaking up and I want to go back home to Ohio, can I take my children without being charged for anything criminally? There are no pending orders on anything.

**A: yes, if your spouse agrees.

 

[Zigner]

**A: yes, if your spouse agrees.

Also, ***A: yes, if your spouse doesn't agree.

There is nothing stopping you from moving and even taking the children. HOWEVER, your spouse CAN go to court to have the children returned.

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida
If my marriage is breaking up and I want to go back home to Ohio, can I take my children without being charged for anything criminally? There are no pending orders on anything.

Yes, you can take them with you without being charged with anything criminally. However, your spouse can rush to court in FL, and ask the judge to order you to return the children to FL pending any court decisions regarding custody and residency.

If a judge orders you to do that, and you do not obey the orders, THEN perhaps you can be charged with something criminally.

 

[bean66]

What is the name of your state (only U.S. law)? Florida
If my marriage is breaking up and I want to go back home to Ohio, can I take my children without being charged for anything criminally? There are no pending orders on anything.

Aren't they his children too?

 

[mistoffolees]

Aren't they his children too?

Of course. But the status quo is where they are living now and the court in their current location has jurisdiction. The court will generally rule that if the kids have a certain living situation with both parents involved that one parent can't just yank them away from the other parent, move them across the country, and make them lose their home, their friends, and their other parent.

If OP wants to move the kids, he needs to be able to prove to the court that it's in the children's best interest. If he can do that, he'll probably be allowed.

 

[bean66]

Of course. But the status quo is where they are living now and the court in their current location has jurisdiction. The court will generally rule that if the kids have a certain living situation with both parents involved that one parent can't just yank them away from the other parent, move them across the country, and make them lose their home, their friends, and their other parent.

If OP wants to move the kids, he needs to be able to prove to the court that it's in the children's best interest. If he can do that, he'll probably be allowed.

The OP is a female, At least thats whats implied by Mrs. at the top.
Why are you saying "he"? Does your statement also apply if SHE wants to move the kids? Does she have to prove to the court that its in the children's best interest?

 

[LdiJ]

The OP is a female, At least thats whats implied by Mrs. at the top.
Why are you saying "he"? Does your statement also apply if SHE wants to move the kids? Does she have to prove to the court that its in the children's best interest?

Since they are married, neither one of them would be committing a crime if they moved out of state with the children.

The remaining parent could rush to court (either mother or father) and attempt to get emergency orders for the children to be returned to the court's jurisdiction pending the outcome of a custody case.

Either one of the parents could get permission to relocate with the children if that parent was able to convince a judge that it was in the children's best interest. Either one of the parents could be denied permission to relocate with the children if a judge did not believe it was in the children's best interest.

If one parent has no choice but to move, then a judge is going to base a decision based on what would do the least damage to the children.

 

[mistoffolees]

The OP is a female, At least thats whats implied by Mrs. at the top.
Why are you saying "he"? Does your statement also apply if SHE wants to move the kids? Does she have to prove to the court that its in the children's best interest?

I was reading 'aren't they his children, too' and assuming that the person moving was a man. Of course, it doesn't matter. Reverse 'he' and 'she' if you wish and the advice doesn't change.

It doesn't matter WHO wants to move the kids. The court will favor leaving the kids where they are if everything else is equal. In order to get permission to yank the kids away from their home, friends and other parent, you need a pretty convincing reason.