[Charmd1]

Here's my concern. I've been married for nearly 22 years. We have 2 young children, ages 9 & 10. My husband is a verbally, mentally and emotional abusive man. We don't go a day without arguing about anything and everything. In front of the kids or not, he continues to nag and complain everyday which after a period, the arguments begin. I want a divorce and I want to leave the state and move back to my hometown. I haven't left but I want to and I don't know what to do. What are my rights to leaving with my kids/custody, child support/alimony, divorce and such? Help with a little advice...

[JudyKayTee]

You have the same control over your children that your husband has. You can leave with the children BUT that precludes you from child support, alimony, anything else you intend to ask for. If you want to leave with those benefits you have to file for divorce and allow the Court to decide what your entitlement is.

The Court may or may not allow you to leave the State - unless your husband is a danger to the children he is entitled to visit with them.

File for divorce, ask for the relief you want/need, ask for permission to leave the area.

[ScottGem]

This is a legal question so has been moved from the Divorce forum. In the future please be more careful about choosing a forum to post in.

The father of the your children has equal rights to them, at least until a court rules otherwise. So my best advice is to consult a divorce attorney who can best advise you of the best strategy to protect your children and rights.