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Custody & Kidnapping

Can I leave the state temporarily during a custody case?

Although I cannot speak to STATE law on this, in some states, if people are in the middle of a custody case, it may not be permitted for either parent to remove the child from the state without the judge’s permission. Sometimes, on the court papers that a person files or that a person is served with, it may say on the papers that the child cannot be removed from the jurisdiction during the court case (or something similar). However, I can’t speak to the specific laws in STATE or whether or not taking a child out of state even for a brief visit is permitted in MS or not. You may want to talk to a lawyer before leaving the state to be sure.

Also, if there is a temporary custody order that provides for visitation, this may be something that a parent needs to consider before leaving - whether or not the trip may interfere with the other parent’s visits, etc.

Sometimes, if a parent isn’t sure if s/he can leave the state, and if there is an upcoming court date coming up, the parent may choose to ask the judge for clarification. I can’t say whether or not this may be a good idea or a bad idea in your case since I am not specifically familiar with your situation – if you are thinking of possibly doing this, or if you want advice on your case, you may want to try to talk to an attorney. Here is a link for free and paid lawyers:LINK