Can I Relocate My Children Without Their Father’s Permission?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

I live with my boyfriend and we have two children and we live in Indiana. He is verbally abusive. He is on the birth certificate but nothing has been done through the court. I want to relocate to Arizona. Can I leave with my children whom are 2 & 8-years-old?

Depending on your state law, you could be prosecuted for child abduction if you relocate with your children. You also face the possibility of your boyfriend initiating a child custody action which would require you to bring your children back to Indiana.

If you are in an abusive relationship, you should consider obtaining a restraining order against your boyfriend. A restraining order can protect you and your children from the abusive environment. You should consult with a local family law attorney to find out how to best proceed.