Can I leave state with my kids?

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Can I leave state with my kids?

I am trying to leave my husband and want to know if it is OK for me to leave the state with them. There is mental and verbal abuse to some extent and in the past there was physical abuse. I have no family or friends here in the state to help me and that is why I was going to leave. I have family and friends out out state that are going to offer me a place to stay. I know they are his kids too but I am confused because I do not want to be looked down on as a bad mother. I will never survive here and so I want to go where I have help for not only myself but for my kids.

Asked on March 31, 2012 under Family Law, Florida

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

Typically, a court will look poorly on a parent who takes the children out of state to live, without the other parent's permission.  If you are running from physical abuse, that could mitigate things, but verbal and emotional is probably not enough.  You should file a divorce immediately to get some protection from the Court.  Talk with an experienced family law attorney in your area to discuss your options.

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

Answered 9 years ago | Contributor

I am sorry for your situation.  The general rule is that you can not take the children out of state with out the intent to return.  It would be considered interference with his custodial rights as a parent and possibly kidnapping.  Now, if there is flight becuase of abuse and you need to be safe with the children the courts will indeed consider these facts.  But you will have to prove it.  Is it possible for you to get help in discussing filing for divorce or temporary custody and requesting that the court allow you to move?  An attorney in your area will know best on hoe a judge will rule. Also ask about a restraining order.  Good luck.   


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