Hi

We have not filed for any legal documents yet (divorce). Can I get into trouble for moving myself and my kids out of state to separate fro mtheir father? We are moving from Florida to N.C. The kids were born before the marriage but they are his kids. Can he force me to return legally with the kids? How do I legally move to North Carolina with my kids and not cause any problems in the divorce. He is emotionally abusive, does this matter?

Since there is no divorce, there is no custodial parent as yet. This means you can take the children with you. However, it also means he can come and take them back. I believe he can also file charges against you for removing the children from his reach, and force you to answer in court. The court frowns on the action you suggest taking and may force you to return to the area so he can have visitation privileges.

If I were you, I would get an attorney before making any move of this nature.

If he files for custody of the kids, in FL you will have to return for all the court dates, and he can really play with that asking for dates to be continued and so on. Also unless he is a threat to the children, if you do win physcial custody, he will most likely get much longer visits in the summer and christmas and may even have the courts order you to pay for them to be transported back for his visits. ** not saying he will win, but he can ask, and I have often seen this given. He can even ask the court to make you return to Fl with the kids if he can show you did it, only to hide the kids from him.

I would get an attorney before I did anything.