I have 3 year old twins and I have been having major problems with their dad. Can I move to Washington with my family. Do I need his permission? I'm from Texas and we are not married. Can I just leave?

Of course you can! No offence or anything but I'v moved most of my life between Washington and Texas I'v moved ever year scene I was five until 2007 when I finally stayed at Utah to this date. Now, what made you think you had to have permission?

Is he the legal father, listed on the birth certificate? Is he a part of the twins lives? Define "major problems"?

If you are not married, the likelihood is that you can just leave. However, he can force you to return the children. If he is an active father, he can file in court for custody of the children and the fact that you just took them away will go against you. If you want to move without having to look over your shoulder, then you FIRST go to court and get full custody of the twins and the right to move.

He is listed on their birth certificate. And major problems means he's an alcoholic. Comes home screaming and throwing stuff and my kids will wake up crying and I don't want my kids around it. I told him I wanted to take our kids to Washington and now he saying I need his permission. Or he'll file kidnap charges. I don't have money for a lawyer. And I don't have money to file anything through the court.

Have you called the police? If they can charge him with a domestic violence rap, you can get a restraining order against him.

You don't necessarily need an attorney to file for custody, but you DO need to go to court. While he is blowing smoke about kidnapping charges, he could force the children to be returned. You can't be prosecuted for kidnapping your own children unless you violate a court order AND hide the children from the other parent.

You should contact local support groups for battered woman or Al-Anon. They can usually help you with filing for custody at low or minimal costs.

But, as I said, if you leave without a court order, then he can file for custody and your leaving will not reflect well on you. You need to establish a record of his violence.

Good luck and keep us posted.

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Originally Posted by ScottGem

.... Since the OP mentioned moving to another "state", the likelihood is that this in in the US (could be Australia). ....

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If you will review the initial post, I think you will find that OP clearly indicated that she is in Texas and wants to move to Washington.