If my sister wants to leave her abusive husband, can get in trouble for taking her kids with her and moving to another state?

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If my sister wants to leave her abusive husband, can get in trouble for taking her kids with her and moving to another state?

He hits her all the time and is abusive to the kids; he even makes her scared for her life. She sent me an email stating that if she ends up missing to look to her husband. She wants to leave the state and move back to where she and her kids were born. Her children are 4 years old and 16 months. They have only been in her current stae of resdence for less then a year. She fears that she could get in trouble for taking the kids out of the state. Can she do so without any legal issues? They are still married and living with together.

Asked on December 22, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that your sister immediately consult with a family law attorney and her local department of social services as to the situation and make plans to leave the abusive situation with her children and go to a place where she and the children will be safe. From what you have written, she is warranted in leaving.


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