QUESTION
Can I move out with my kids during our separation?
Asked on Oct 23rd, 2011 on Child Custody - New Jersey
More details to this question:
I need to split. My husband is verbally abusive. His name is on the home after I filed for bankruptcy to protect myself from his bad business deal. I raised kids while he worked, and 2 years ago I started my own home business which has become very successful, which he doesn't support me on. He quit his job on his own in June, and has basically just made my life miserable. We have been together for 18 years, not married, and I am not sure where to go. My kids see him fight with me and they are 3 and 7. It is time I get away from him. He can no longer control me, and my success just makes him mad. What are my rights? Can I just move out with kids?
12 ANSWERS
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes.
Answered on Jun 03rd, 2013 at 12:31 AM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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Both of you have an equal right to custody of the children, as there is no court order in place granting physical custody to either one of you. As such, there is nothing prohibiting you from taking the children with you when you move out as long as you do not conceal the children from him.
Answered on Nov 04th, 2011 at 1:59 PM
First, if you are not married this is not a divorce situation - there is no common law marriage in Nevada and he is not your husband. He is the father of your children, only. So this is purely a question of child custody. The law gives both parents an equal right to the children, but where the parents can't get along, one parent usually gets primary physical custody and the other gets visitation. It is presumed that contact with both parents is in the best interests of the children absent some reason to the contrary - and his quitting his job may be consdered in that context. You can move and work out an agreed upon visitation schedule with him or, if you two can't agree, you can petition the court for custody, and visitation will be determined at that time. One thing: If you have custody, he MUST pay you child support, and vice versa. This can't be waived even if you have a successful business and he is unemployed. So be alert to him trying to get custody just to get child support from you. If you think this may be the case you should beat him to the punch and file for custody ASAP.
Answered on Nov 02nd, 2011 at 3:06 PM
You can apply for temporary custody of your children if you wish to move out, and then file for permanent custody as part of your divorce, or through a separate action in family court. In awarding temporary custody, the court will determine what is the "best interests of the children." The court will look at the following factors to determine this: a) parental guidance the custodial parent provides for the child; b) quality of the home environment; c) ability of each parent to provide for the child's emotional and intellectual development; d) stability of the home environment; e) ability of each parent to provide for the child's emotional and intellectual development; f) desires of the child g) length of time the present custody situation had continued;' h) financial status and the ability of each parent to provide for the child; and i) parental guidance the custodial parent provides for the child.
Answered on Oct 28th, 2011 at 12:11 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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An unmarried mother is deemed to have sole custody of her child(ren). Leaving an abusive situation is the responsible thing to do, not only for your protection and mental health but of your children as well. If he wishes to have visitation of his children he will need to file a petition of paternity and visitation, if he has been abusive I would try to document that as best you can.
Answered on Oct 26th, 2011 at 2:11 PM
Yes - is the short answer. If you are not married and no other court papers giving any rights to him of the children, then your authority controls in Wisconsin.
Answered on Oct 25th, 2011 at 3:24 PM
Steven D. Dunnings
Yes, but you should file for divorce to get a custody order.
Answered on Oct 25th, 2011 at 1:37 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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First you state he is your husband, and then you state you are not married. If you are not married, you have custody by law, as an unwed mother and are free to remove the children. If you are married, you and your husband both have custody by law, and to take the children and keep them, you must obtain a court order for temporary custody.
Answered on Oct 25th, 2011 at 12:54 PM
Glen Edward Ashman
This is probable but what you need to do first is to retain a lawyer to help you with this.
Answered on Oct 24th, 2011 at 10:59 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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There is nothing illegal or to prohibit you from moving out. But, because doing so could easily trigger angry reaction from your husband, it would be much smarter to contact a lawyer, file for the divorce, and move out in connection with starting the divorce.
Answered on Oct 24th, 2011 at 6:37 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you were never married and there has never been any type of court action regarding paternity or child support, yes, you can move out with the kids. You are the custodial parent by default. However, after you move, I would suggest filing a paternity action against him to establish his child support obligation, as well as define the timesharing / visitation. You really should consult with an attorney to assist you in properly protecting your potential rights and those of your children.
Answered on Oct 24th, 2011 at 6:11 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Of course, you can leave the home so long as you don't leave the state. You will need to set up parenting time with Dad. I suggest using a third party like Grandma or sister, or in the alternative, pick up and deliver at a McDonald's or public library or if all else fail at the police station.
Answered on Oct 24th, 2011 at 4:59 PM