Legal Question in Family Law in Utah

Leaving the State before a divorce

I am leaving my husband and I wish to stay in Florida for a couple of weeks with my sisters. I have a child who I would take with me. I can't tell my husband that I am going until I actually leave or I am afraid of what he might do. Is there anything illegal in doing this?


Asked on 10/17/03, 5:12 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Leaving the State before a divorce

As long as you are married you can take the child. However, you cannot unreasonably deny your husband access to his child. If you are only staying in Fl for a couple of weeks, and do return, then you can tell him after you leave. If he has been physically abusive you can seek shelter through any one of the Women's shelters. Your child can stay with you. In cases of abuse, you do not need to tell your husband where you are, but you need to let him know that the child is safe - which can be done through a third party. If he has been abusive, please contact a women's shelter. They can advise you of what to do.

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Answered on 10/21/03, 10:50 am


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