Can I take my daughter out of state?

[chocoo626]

What is the name of your state (only U.S. law)? Washington State.
I just found out my husband had an affair. We live in WA, and I want to separate and take our 18 month old daughter to California, since we have family support from both sides. Can I take my daughter to CA without having negative repercussions if my husband and I divorce?

My husband works full time, I can work full time since I will have family help in CA.

Also, we got married in CA, but our daughter was born in WA. Which state law do I follow?

 

[Zigner]

You follow the state law of the state that you are a resident of.

Sure, you can head on out to California. Your husband can ALSO file in Washington to have your (mutual) child returned to the state.

 

[Proserpina]

What is the name of your state (only U.S. law)? Washington State.
I just found out my husband had an affair. We live in WA, and I want to separate and take our 18 month old daughter to California, since we have family support from both sides. Can I take my daughter to CA without having negative repercussions if my husband and I divorce?

My husband works full time, I can work full time since I will have family help in CA.

Also, we got married in CA, but our daughter was born in WA. Which state law do I follow?

How does your husband feel about you relocating?

If he's on board, you won't have any problem at all.

 

[chocoo626]

My husband wants his daughter to stay in the state. I have proof of his affair, I can use-either with the court or with his work (they were co-workers), if I must.

 

[Zigner]

My husband wants his daughter to stay in the state. I have proof of his affair, I can use-either with the court or with his work (they were co-workers), if I must.

How does him cheating on you make him a bad father?

ETA: Proof of the affair won't help in this matter.

 

[chocoo626]

He is a good father, he has just been going out, leaving me with our child. To get so drunk he passes out every night.

 

[Zigner]

He is a good father...

Then why would you take his child away from him? Oh yeah, because you are hurt by his actions.

 

[Proserpina]

My husband wants his daughter to stay in the state. I have proof of his affair, I can use-either with the court or with his work (they were co-workers), if I must.

The affair won't matter one iota in WA state. Sorry.

It doesn't make him a bad parent.

So, since he wants the child to remain in state, you'll need permission from the court to relocate. You need to also notify Dad.

He will have the chance to object, but in WA the presumption is in favor of the relocation (in other words, the burden is on Dad to show why the relocation shouldn't go ahead).

Now this may sound like a huge advantage. On paper, it is - however in reality, it's really not so much. All Dad has to do is prove that he has been a regular part of the child's life, and the loss/lessening of contact would be more detrimental than any benefit of relocating. It's surprisingly easy to do when the father has been fully involved in raising the child.

(That's oversimplifying it somewhat, but you get the gist)

You should be prepared to be paying for all transportation involved in visitation (assuming you're given permission), and to lose most of the summer/a good proportion of "down time" once kiddo is school-age.