Question:
I am currently married but would like to move out of the marital home and across state lines with my children so that we can escape my verbally and physically abusive wife.
Even though the move would be to another state it is still within 100 miles of our current location. Can I legally move out of state with my children to get out of this mess?
Answer:
If you left with your children and moved away from your wife without notice, there could be serious legal consequences than if you went through the proper procedure.
If you are considering filing an action for the dissolution of your marriage, then you can obtain an order on a temporary basis that may grant you primary placement of the children and give you the authority to relocate, even to a new jurisdiction.
If you leave without following through with this procedure, it could potentially have a negative affect on your case and your ability to relocate to another state with the children in the future.
If your wife is abusive toward you and/or the children, you should begin by filing a domestic abuse restraining order against her to protect yourself and your children from future harm or risk of harm.
The outcome of any temporary order on the physical custody of your children depends on the facts of your case and the laws in your jurisdiction. I suggest that you speak to an attorney in your jurisdiction.
Cordell & Cordell has men’s divorce lawyers located nationwide.
Trisha B. Festerling is an Associate Attorney in the Milwaukee, Wisconsin office of Cordell & Cordell where she practices family law exclusively. Ms. Festerling’s practice is focused on men’s divorce, child support, child custody, paternity and modification. She is licensed in the state of Wisconsin. Ms. Festerling received her Bachelor of Science degree in Criminal Justice with a focus on Political Science, Magna cum Laude, from the University of Wisconsin – Milwaukee. She received her Juris Doctor from Regent University School of Law in Virginia Beach, Virginia.
