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Dear Attorneys,

Things are getting pretty bad at home in the midst of my divorce. I’d like to leave, but we have two children together. Can I just move out and take my kids with me? I’m worried my husband will take action against me.


On the Move Mae


Dear Mae,

There are a few answers to your question depending on your circumstances. If there is already a temporary agreement in place regarding the children and where they will live, then moving out and taking them with you (when that is not part of the agreement) could result in your husband filing a contempt motion with the court. If you don’t have a temporary agreement or other court Order in place affecting the custody of your children, you could decide to take the children with you. However, we urge you to keep in mind that your husband could then also file an application with the court to get emergency custody of the children and have them brought back to him. Those applications are usually only filed under the most dire of situations, and he would have to meet his burden of proof to have it granted. You would ultimately need to assess your current circumstances and make a decision that best suits you.  One factor that comes into play is how far away you want to move.  For example, moving down the street and allowing your spouse regular access to the kids is very different than moving out of state.

We recommend that you seek counsel, and would be happy to sit down with you for a confidential consultation. We can be reached at 203.745.3151 or

Very Truly Yours,

Wolf & Shore Law Group


*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.

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