QUESTION
Can I take my children and leave for another state without informing my husband?
Asked on May 13th, 2016 on Child Custody - California
More details to this question:
I would like to leave my husband. We have 2 children and been married for 12 years. I am unhappy has he does not provide for the family. He threatens me when I have brought up separation and I have come to a point in life I just want to leave. I am tiers of living with threats and am tired of providing for his grown ass. Can I take my children who are 10 and 11 and leave to another state? He is not going to let me leave if he knows and worst he could hurt me as he has said he will many times before. I don't want to be the headlines of tomorrow's news. Can a mom take her children and leave to another state? Can he come and take my girls from me? He has not had a job for the past 10 years. I am the provider for the family. I make good enough money but never married under the intention of being the Sol provider. My youngest daughter is autistic and he does not even take her to her classes. He does nothing but take care of himself. I need to get away so I can plan a future for my kids.
1 ANSWER
Business Litigation Attorney serving Los Angeles, CA
at
Gerard A. Fierro & Associates
Update Your Profile
As long as there is not a divorce or custody proceeding pending in the Court's you still have a right to move out of state. If a petition is filed, then there is a statutory restraining order which prevents removing the children. You should also know that you should make sure that the husband has your contact information and can contact the children when you move. You should be prepared to defend or bring a request for custody orders at the time you move. If the husband does not bring a court action for six months after the move, then you can request custody orders in the new state.
Answered on Jun 06th, 2016 at 12:32 AM