If I’m in an abusive marriage and I’m getting a divorce, can I leave with our kids out of state?

My husband won’t stop harassing me or anything.

Asked on December 11, 2015 under Family Law, Oklahoma

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you're in an abusive relationship then you can and should leave with the kids.  To go out of state or stay in state will depend on the resources available to you.  In state, you may qualify for some free legal and support services to assist you with the transition.  For instance, they can help you obtain new housing, help with job retraining, and with obtaining a protective order.  If your support system is in another state (i.e. with family members), then get to the family members that can help you. 
The main thing is not to leave the kids behind.  If you leave the children behind you will bolster his argument that he must not be that bad if you left the children behind. 
To look for resources to help you, contact local churches, law enforcement agencies, local women's shelters, the local bar association, or the district clerk's office.


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