If I’m in an abusive marriage and I’m getting a divorce, can I leave with our kids out of state?

UPDATED: Sep 30, 2022

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If I’m in an abusive marriage and I’m getting a divorce, can I leave with our kids out of state?

My husband won’t stop harassing me or anything.

Asked on December 11, 2015 under Family Law, Oklahoma


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you're in an abusive relationship then you can and should leave with the kids.  To go out of state or stay in state will depend on the resources available to you.  In state, you may qualify for some free legal and support services to assist you with the transition.  For instance, they can help you obtain new housing, help with job retraining, and with obtaining a protective order.  If your support system is in another state (i.e. with family members), then get to the family members that can help you. 
The main thing is not to leave the kids behind.  If you leave the children behind you will bolster his argument that he must not be that bad if you left the children behind. 
To look for resources to help you, contact local churches, law enforcement agencies, local women's shelters, the local bar association, or the district clerk's office.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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