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.
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.
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.
