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  1. #1
    Join Date
    Sep 2004
    Posts
    2

    Default Moving Before I Divorce

    I'm not happy in my marriage and neither are my children. We want to leave but i heard my husband and get me for kidnapping our children by taking them out of state. I would like to return to my family in South Carolina. What will happen if I move?

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Parental Kidnapping

    You can ordinarily only get in trouble for "parental kidnapping" if you violate a court order when taking the kids out of state. But you put yourself at risk, if your husband files for divorce and custody in your present home state shortly after you depart to South Carolina, as you would have to come back to your present home state to litigate, and your present home state's court may well order that the children be returned to that state pending the outcome of the divorce and custody litigation.

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