If my husband is abusive and I worry for the safety of myself andmy children, can I move to another state with them and file a protective order?
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If my husband is abusive and I worry for the safety of myself andmy children, can I move to another state with them and file a protective order?
We have been living in our current state for less than a year and therefore not yet residents. I would like to move to another state where I can start over with the children.
Asked on October 5, 2011 under Family Law, West Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Although the safety of you and of the children is really the most important thing here, moving to another state with them just to "start over" may not be enough to shield you from allegations of kidnapping. You did not state any reason that a court could look at for choosing to move states. Is it to move back with family who can help you with the kids? Is it because you have been offered the job of a lifetime and you need to move to support yourself and your children to become independent from your abusive spouse? Do you see where I am going with this? Otherwise I think that you should file for a protective order in Went Virginia and start divorce proceeding immediately. Seek legal help. Good luck.
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