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    furballmama's Avatar
    furballmama Posts: 1, Reputation: 1
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    #1

    Oct 25, 2009, 06:44 PM
    Moving out of state with kids
    I am leaving my husband cause he is abusive can I take them out of state? Neither one of us has filed for divorce yet
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 25, 2009, 06:51 PM

    As long as he gives you permission.

    If you leave, he can file righ after for divorce and/or custody of the kids. This could require you to either move back so that he will not be injured in his rights to visit the kids. Or require you to return the kids to him.

    Of course if you move and he does nothing no harm. But what if 3 weeks after you move, he files for custody and gets a court order requiring you to return the kids to that state.

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