Posted by vpdunne
Husband and I are divorcing but no papers have been filed. I would like to take our three minor children out of town for the holidays. He’s aware of the plans, including location and contacts, and has been invited. Does he have any legal grounds to press charges against me for taking the kids out of town against his wishes? The children have been living solely with me for the past 5 months.
Since you have no custody orders in place, there really are no restrictions on what either of you can do with your children. It sounds to me that you have done your part to notify your ex of your intentions including locations and contacts. It may make your ex agitated, but you have violated no laws. Your ex could file for a temporary restraining order against you, but you have to be served and hence have knowledge of its existence. If this happens, then you wouldn’t be able to leave the state with your children. Let’s hope that it stays civil.
When you start your divorce proceedings, there will be a section for custody. You and your ex would then have to establish the custody when you do this. I hope this works out for your family.