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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27991
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I need advice quickly. I'm in an abusive marriage and have

Customer Question

Hi, I need advice quickly. I'm in an abusive marriage and have children from another marriage living with me, that I have custody of. I feel my kids and I are in danger, as I never know when my husband is coming home or what state he will be in (drunk or sober) or what he will do when he gets here. I just had to deal with some abuse this morning and I need to know that it's okay to leave the state. The only people I have to go to are my parents down in Florida. My ex husband is moving out of state next month to live with his girlfriend. In our divorce decree it states that I have custody unless I leave this school district, then he would get custody. It also states that if he leaves the school district, then I'm free to go wherever I want or need to go. The problem is I need to get away now and he isnt moving until next month. I can't tell him about any of this or he will try to take them away now and take them out of state with him. I don't want to lose my kids. Please help me. I need to leave before he comes home again. Please get back with me asap.
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning and I am truly sorry to hear about what you are going through. If you were abused this morning, the police should and need to be called and your husband can and likely will be arrested, charged and removed from the home. A no contact order will likely be put in place and he could not have contact with you or the children. This should afford you some immediate protection, since he will be removed from you, the home and the children. In addition, if you do not want to do this, then your other option would be to contact friends or a womens shelter that can take you and the children in, based upon the awful situation. if you just leave the State, it is going to cause problems and may result in the children being taken away. While it is for your protection and that of the children, you would be doing something, which on its face, results in your Ex getting custody. Now, I know HE is moving next month and would result in you being able to go where you want, so if this is happen for sure, you could have a defense if he tries to enforce the order and take the children. The biggest obstacle is that both things have a negative effect on each other. I think if he did try and take the children, that you certainly have grounds to defend and support your action based upon the abuse and based upon the fact that he was relocating in a month, but you would still need to likely go before the Judge and convince them of the same. If you called the police or left the home and sought shelter first and those efforts failed and there was no other option, then it would be a matter of something done for your safety and well being, so the Judge may see that and not take the kids away.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!