2007-09-02 08:08:18 · 8 answers · asked by Cari A 1 in Family & Relationships ➔ Marriage & Divorce
As long as you are married you can legally take the children where ever you want to, however, if he files for divorce before you have established residency in the new state - he can force you to return with the children - and make you stay there if you want to retain custody.
The best thing for you to do is file for divorce, get a restraining order with the proof you have that you are being physically abused (if you don't have any, such as police reports or medical records, you can't get the RO) then file with the courts to be able to move after your divorce is final. Any other way is risking the custody of your children...
2007-09-02 08:24:48 · answer #1 · answered by allrightythen 7 · 0⤊ 0⤋
This depends on the state laws of where your friend lives. First and foremost she needs to get herself and those children out of the home. She needs to keep a journal dating all the times of abuse, what happened, when it happened, etc... keep hospital records if anyone ended up in the ER from the abuse. Most areas have what is termed a battered women's shelter. She needs to go there first and find out if the laws of her state will allow her to take the children across state lines without a custody decree. She could get a restraining order and emergency custody but she would have to prove the abuse due to the fact the husband/father has rights to see his children unless the courts find him a threat to the children.
Many attorneys offer free to low-cost consults. Have her contact the local bar association for a referral to an attorney that handles domestic abuse cases in her area.
2007-09-02 15:22:38 · answer #2 · answered by Paisley Place 3 · 0⤊ 0⤋
She would have to show proof of abuse in court after her abuser has her arrested and charged with kidnapping. I suggest she get a lawyer first and file for divorce on the grounds of abuse. Then she can petition the court to allow her to go live with her father.
2007-09-02 17:12:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
as long as there are no court ordered custody arrangements or restraining orders both parents are custodial and can take the children anywhere they want to. (there may be restrictions on taking them out of the US. ) You should consult a divorce lawyer so you dont do anything that would work against you in a custody hearing.
2007-09-02 15:23:58 · answer #4 · answered by mark 6 · 0⤊ 0⤋
If someone is being abrused by her husband it is best that they do take their children and leave even if they want to move to another state maybe she feels she is in danger.
do whats best for the children and her because know child needs to grow up in family that abruise one another.
do what is best for your family its your choice not mines.
best of luck
2007-09-02 21:22:51 · answer #5 · answered by mmurray001 5 · 0⤊ 0⤋
It's different in every state. She might have to press charges and file for custody before she can move accross state lines.
2007-09-02 15:18:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes of course.
2007-09-03 04:15:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
sure u can, even if u are not being abused, thats called freedom
2007-09-02 15:14:22 · answer #8 · answered by charlesjerrell 7 · 0⤊ 0⤋