Can I Move Out with My Child before Divorce?

My cousin Liza, from texas, called me yesterday, informing me that they are going to divorce, and her husband has already submitted a divorce file to the local court. It was a piece of shocking news to me. However, apart from the story, she asked me, “Can I move out with my child before divorce?”. What I answered her and other related information are described below.

Can I Move Out with My Child before Divorce

Can I move out with my child before divorce?

This depends on your local jurisdiction. But, the general answer is in most states, the court does not interfere with your rights to child custody unless there is any complaint from another parent. As a parent, you have the full right to move out with your child before divorce if another parent allows it.

If your spouse filed for divorce, it does not necessarily mean that he/she will automatically get the child custody right. The issue of allowing child custody differs from the divorce hearing. The court will look after different circumstances and evidence which are most suitable for the child’s best interest.

So, it is not true that you can’t move out with your child from the marital home just for filing a divorce case with your spouse. But I am not sure what your state’s law is regarding this issue. So, it would be best for you to consult with a family lawyer before moving out.

How can I move with my child before divorce legally?

The divorce case is in hearing, but you must urgently move out with your child. You can move, but that might affect your child custody case later. So to be in a safe zone, you need to follow some legal processes. In that case, you or your spouse may ask the court for a temporary child custody order. Cour generally prefers to maintain the status quo. That means the court doesn’t like moving out the child due to the child’s best interest.

You may provide strong evidence to support your argument. Such as home aggression, abuse by another parent, etc., may affect the child. You also may offer a frequent visitation schedule for another parent. If you are a mom, you have more chances to win this battle. Because it is assumed mothers get more child custody than fathers. A good family lawyer can help you on this point. But, normally, it takes a few weeks to finish this hearing.

Can I move with my child without the father’s permission before divorce?

The answer is both YES and NO. Law is different by state and by marital status. Some states allow an unmarried mother to relocate with a child over age 18. But, if you are married to him then you need the father’s permission before you can move with your child, regardless of what state you live in because they have parental rights.

Can police arrest me if I move out with my child before divorce?

No, the police can’t arrest you for this reason until a court order restricts your movement with the child before divorce. Even they can’t take away your child from you if you move out with him/her before the divorce. If your child is in danger, however, the police may make a report to Family Courts (for example, if they fear that there is domestic aggression or other abuse involving the child). Otherwise, the police will not get involved with your child’s custody before the divorce.


So, you can. But to be in a better position to get primary custody in the final custody hearing, you should always step carefully. In that case, first of all, try to get permission mutually from your spouse. Another parent the fearing of withholding a child from you. Assure him/her. If that does not work, go to court for a temporary court order with the help of your attorney.

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