Can my sister in NY leave her abusive husband and move here to WA with her son? Does she have to get a divorce first?

She will have to have complete custody of the child first. She can take the child and go to a shelter until then, though.

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Originally Posted by brigit64

Can my sister in NY leave her abusive husband and move here to WA with her son? Does she have to get a divorce first?

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Technically she can pick up and go anywhere she wants - but her husband has the absolute right to charge her with anything from custodial interference to kidnapping and drag her and the child back. There is also the potential that she could lose custody.

The easiest way in the long run is to get a divorce, let the Court determine custody and then see if she can get the Court's permission to move. I will be surprised if the Court allows her to move across the country because it would limit the father's visitation but if he is abusive she at least has a chance that the Court will see it her way.

If she moves to WA her hands would be tied as far as a divorce is concerned - if he sues she has to come back to fight it; if she wants a divorce, she has to come back to file the papers. Makes no sense.

Depending on the level of abuse and the danger to her and the child she can always try to get a temporary Order to get him out of the house and away from her and the child.

It's time to consult an Attorney!

(I am also in NYS.)