Q: Can I take my kids out of state to get away from my abusive husband?
If we go somewhere he can't find us can we establish residence away from him?
A: If neither of you have filed for divorce and no standing order has gone into effect prohibiting either parent from removing the children from the court's jurisdiction, then technically either parent is able to travel with the children. However, if you remove the children and hide them from the other parent, the other parent may file for custody with the court, and then the court would review your actions of removing the children from the jurisdiction and there may be allegations of alienation levied by the other parent. You run the risk of being accused of kidnapping and interfering with the other parents rights. So before you leave with the child or children, I would consider the future ramifications and what the other parent would be able to say in court and how they could use that information to their advantage.
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