Want to leave my husband but he wont let me take my 2 kids with me.

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Want to leave my husband but he wont let me take my 2 kids with me.

I have made the decision to divorce my husband but
he will not let me take my 2 kids with me. Ive gave
him multiple chances and finally had enough. He
does have a bad record just recently got a DUI this
Friday, and has other misdemeanors on his record
that he will have to face in court soon. Can I legally
take my kids before going through the court divorce
process?

Asked on September 2, 2019 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you can't take your children without going through the divorce process, any more than he could simply take the children and leave you behind. Custody of the children is determined in the divorce, so you need to go through the divorce to get custody. If you don't and simply take the children and leave, you could potentially face criminal charges; it will also hurt you in the divorce, when you seek permanent custody. If he has drinking issues and/or a criminal record, then especially if you have been the primary caregiver, it is likely the family court will give you custody, but you need to go through the legal process.
Consult with a family law attorney about filing for a divorce in the most expeditious, fastest way possible.


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