Is it against the law to leave the state with 2 small children to get away from an abusive husband?

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Is it against the law to leave the state with 2 small children to get away from an abusive husband?

i asked my previous question before and i didnt get any answer ? I havent anywhere to go to leave my husband but to go stay with family out of state, i will have 2 small children with me, is it against the law to leave ????

Asked on June 20, 2009 under Family Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Before you run, please see a lawyer! At least contact a women's rights organization or group in your area, to see if you have alternatives.  One alternative that comes to mind is a possible restraining order, so that it would be your husband who has to find someplace else to live.  There are lots of ways to find legal help, and one of them is our website: http://attorneypages.com

In many states, if your husband is abusing you, you can get a restraining order removing him from the house and ordering him to have no contact with you.  And violating one of those orders is very likely to land a person in jail.

If you leave the state with your children, your husband would be able to go into court, in Texas, and have a good chance to get an order requiring you to bring the children back, and granting him temporary custody.  You would not be able to get the court in your new state to do anything.  I think it's a very big mistake.


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