How Do I Obtain Custody of My Daughters?

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Can my husband whom I am separated from take our daughters over state lines without my permission? Neither of us has filed for divorce or custody. I took our daughters over to see him and let them spend the night. When I called him to come pick them up he said he’s not letting me have them back and he is going to leave [the state] with them. Can he do this legally? I called the police and the officer said since we’re married there is nothing I can do. But other people have said that since he doesn’t have sole custody that he has to have my permission to take them over state lines; that he can’t just leave with them.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Since there is no custody order, he can transport your children across state lines without breaking “the law.” You can file an ex-parte motion to have a temporary custody order granted until your divorce is finalized. This will require your daughters to be brought back to their state of residency. Contact a local family law attorney for legal advice and guidance. Do not wait to file a motion for custody.



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Author: House Attorney