Leaving a husband/father and going out of CA state to Kentucky.

Sunnyvale, CA Viewed 64 times. Posted 11 months ago in Family

I am 58 years old; If I leave my husband of 19 years (against his wishes) can I take our two children (16 yr. & 17yr. ) with me to Kentucky?
Or, will I need to get an attorney and legally file for a divorce before taking them out of California where we live. Both the children are encouraging me to go (we have many close friends in KY. who will support us) and do not want to be alone with their father ever! He is not pjysically abusive but exstremley controlling, verbally & mentally abusive. - Is this your question? Add additional information

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Answers (1)

Marshall William Waller

This attorney is licensed in California. Posted 11 months ago.

Once you file for divorce in California there will spring into existence an automatic restraining order that precludes your removal of the children form the state without prior court apporval (or the consent of your husband). Your kids are old wnough I would imagine the courts will listen to their desires to live with you pretty strongly. There are a lot of things to consider here, so I suggest you consult with an experienced family law attorney before making a move here.