My friend wants to get out of her marriage, can she prevent her husband from taking the children from the home?

He has already removed the children once and she had to promise to stay with him in order for him to bring the kids back. She cannot begin to file for divorce until she makes him leave the home, but she won’t do this if she is going to lose the kids in the process.

Asked on July 20, 2012 under Family Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Until there is a court order to the contrary, there is nothing legally preventing your friend's husband from taking the minor children from the home that she shares with her spouse.

Given the problems that your friend is facing coupled with what may be in the best interests of the children, your friend should consult with a family law attorney to see what is her best recourse concerning the situation that she is in.


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