Q: Hello I’m trying to make sure I will not be detained for leaving state with my two kids.
I am legally married but have been separated for 7 months. I left due to domestic violence and his active addiction.
I have informed him I am leaving state to move . He refuses to be sober and get the needed mental health treatment. There is no case open in ga for family law and he has not seen the kids in 7 months.
Our son is autistic and I need better resources for him and it’s just a good support system where I’m going.
I’m looking to see if it is advisable.
He also has a warrant in place in PA and also did not show up for the one child support hearing that was enforced
A: You need to speak to an attorney asap to have a solid plan in place. If he files and serves you, you cannot move until the court allows it. So, you need to act quickly to speak to an attorney who can advise you whether such a move is advisable.
1 user found this answer helpful
A: If there is no case currently pending regarding the custody of your minor child, you are free to leave the state. However, you may want to consider filing for divorce. Because with you being married, he has just as much access to the child as you do. You would not be able to stop him legally from taking the child because you all have the same rights as married parents. Therefore, if you want an order that specifically gives you sole physical custody, you would need to file for divorce. If you say he's not sober and he's violent, you would not want him to be able to pick up the child and take them. At that point it would not be kidnapping and the police would likely not get involved because you all are married and you don't have an order giving you custody.
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