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Can you go to jail if you leave the state and you are legally married with children without spouses knowledge?
Wiki User
∙ 13y ago
I'm having some difficulty parsing this to figure out which clauses go with which other clauses, so bear with me, I'm going to list some general things and you'll have to decide for yourself which of them apply to your particular situation.
You aren't required by law to inform your spouse whenever you leave the state. If I decided to drive to, say, Arizona one day while my wife was at work, it's perfectly legal (if a little insensitive and rude; less so if you live somewhere like Kansas City, where "leaving the state" in some places could just mean you crossed the street) for me to do so without telling her.
Moving out of state (or even in-state) without your spouse's knowledge is a different matter. Depending on the laws of your particular state and the precise circumstances of your specific case, that might constitute a crime called variously "abandonment" or "desertion", and yes you could in some cases go to jail for it.
In most places in the US, having children without the knowledge of your spouse is no longer actually against the law, and even where it technically is, it's not commonly enforced. I'm not sure if you were asking this or not, but it's one possible reading of the question.
Answer
If you are still married, you have the right to take children with you, even if you move. A divorce decree can specify how far you can go, visitation and other stipulations. One is that children over 12 or 13 have to make a decision as to which parent to stay with, if both parents want them. It just gets more difficult if you try to do this in the midst of a divorce or after there is a final decree.
If you leave the spouse and children, you are legally responsible for child support, even in your absence. In that case, taking responsibility for your past life is important for the kids' well being. Be sure to separate your feelings from the economic reality of the needs of the children.
Wiki User
∙ 13y ago
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