Can I legally leave my home with my kidswithout my husband’s permission for an unknown amount of time?

We’ve been in this situation for 1 year. The kids and I are sick (ongoing, life-long issues). Quality health care is 2 hours away. I have no one in AR except my husband and his parents (they are in poor health). My parents out of state have offered to care for us until my husband can find a better job (normal schedule, less hours, better pay). Husband refuses to agree to me and the kids leaving; he uses threats. What are my rights?

Asked on February 25, 2012 under Family Law, Arkansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry about your situation.  It sounds as if things are very difficult and that emotions are running high.  The best way to answer this question is to say that your rights are the same as your husbands unless a court decides otherwise.  You can not take the kids out of state. That could be considered kidnapping.  Good luck.

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