Would like to move children out of state

There is nothing prohibiting you from moving out-of-state with the children. Once an action for divorce is commenced, you are prohibiting from moving out-of-state or more than 150 miles from the other party unless you have permission of the Court. Until then, nothing stops you from moving. I caution all of my client's, however, to keep in mind that unless there is an overwhelmingly compelling reason to justify the relocation, the Court in the divorce action can order the return of the children and may be considerably displeased with the parent who relocated. You should speak to an experienced family law attorney in your area before you relocate. I hope this helps.

As the children's father, your husband still has legal rights to these children, including where they live. Your best option is to file for divorce and advise the court that you would like to move out of state, and let the issue go through the courts. Unfortunately, it is not your sole decision to make.

Without a divorce filed, there is nothing preventing you from moving with the child. However, a divorce would likely result, followed by a custody dispute over the children, if you moved against his wishes. The best thing to do is consult with a divorce lawyer to determine what effect this move might have on your eventual custody order, and what effect it may have on you and the children personally.