QUESTION

Can I leave with children to another state legally, if in abusive marriage?

Asked on May 09th, 2013 on Family Law - Pennsylvania
More details to this question:
I am married (7 1/2 years) to a very emotionally abusive ( names (few ex: C*#^, B!^@#, idiot/stupid, waste of sperm, trash, useless, 'mother of the year', Scum bag, etc..), character assignation ( spic, ugly, worthless, fat @$$, etc..) discrediting my thoughts or opinions most times, insulting my family, etc.) and mildly physically abusive on a rare occasion( Putting his hand around my neck (while pregnant with 1st), pushing me onto a glass table(didn't break), poking me in the eye or face, throwing (trying to break it) my cell phone and then beating it with a plastic bat another time, pinning me to the couch with his knee against my chest and neck - holding my arms down, blocking me in rooms, spit at my face, etc....) Those times I am admittedly scared of him, of how far he 'could' go ( you see it in his eyes ) but act as if I am not because I fear it could fuel more aggression if I cower. I stand up to him, knowing if he decides to I would have very little to do. I look at it as Jeckel and Hyde- one minute he's sweet and normal, then the stupidest thing, ( the lid was open on the wipes container or I want plain water not flavored for quenching thirst while we do yard work) will set him off. Most often but not always it's like walking on eggshells. I feel like I am doing something wrong or he'll find fault in it somehow, so I avoid things that may set him off, even lying to him. He has said some threatening things to me, more about what he would do should I try to take half of his things if we ever divorced ( though I want nothing in that case besides the children anyway.) Yet I am not sure if it's just a tough act on his part. He says irrational things about others too, like wishing that certain neighbors would die in a house fire because they're worthless druggies. I do have to admit I love him and know deep down he is a good man, showing it in our marriage too at times.
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2 ANSWERS

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
If you have no custody order preventing it, you can. BUT, he could file a motion for a relocation hearing and then you two would become involved in custody litigation and have to fight it out as to where the kids stay.
Answered on May 10th, 2013 at 11:08 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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David M. Axinn
You are allowed to leave, since there is no custody order, although it is possible that you would still have to deal with court proceedings in Pennsylvania. You might want to consider obtaining a protection from abuse order, which could include temporary custody provisions. Most of all, I would encourage you to get advise and support from a domestic violence counselor.
Answered on May 10th, 2013 at 6:47 AM

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