Reply to Moving out with two kids for trial separation, do i need a lawyer first?

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Reply to "Moving out with two kids for trial separation, do i need a lawyer first?"

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[quote=Anonymous]As for the general question, talk to a lawyer. If you don't have a lawyer, talk to the folks at a womens' shelter and seek some advice.

My concern would be if you leave without permission, absent an emergency circumstance (i.e. like a legitimate fear for the health and safety of the children) then the husband may move legally to recover the children, up to and including claiming you are "kidnapping" them. An allegation or charge of this sort will likely come back up during the formal custody battle and the judge may move more cautiously towards granting you custody in the long term and/or consider restrictions such as no moving out of state and no international travel.

Absent a clear threat to their safety (and yours) you should get some professional advice before taking your next steps.

Good luck.

http://www.womenslaw.org/laws_state_type.php?id=10738&state_code=GE&open_id=11283

http://www.divorcenet.com/resources/child-custody/parental-kidnapping-what-is-it-and-how-can-you-pre[/quote]

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