You can leave the home with your children, however, it is not recommended unless there is some reason you or your children are at risk of harm. If you simply leave the house with the children because you don't want to live there anymore, your husband can ask the Court to order you to return the children to the home. This could result in a protracted custody dispute if your husband has designs of obtaining custody of the children. You should definitely consult with an experienced matrimonial attorney before taking any action.
Mr. Rosen practices matrimonial and family law in Great Neck, NY. His response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. You are strongly advised to confer with an attorney in your own state to acquire more information suited to your particular circumstances.
Courts don't look kindly on a parent who takes a minor child from the marital home, because it interferes with the other parent's ability to see the child. Self-help isn't the answer here.
I'd suggest you consult an attorney to determine the best course to follow. You can get a divorce or separation, and apply to the court for an order of temporary custody.
Yes you can do this. Without a court order to the contrary, both parents in a marriage have custody of the children.
However, if there is no significant risk of physical and/or emotional harm to you or the children you should not leave the home. If your husband is going to seek custody or challenge your rights to make this process difficult for you, he could seek and could get a court order directing you to return the children to the home.
Questions you should ask yourself - Do I want to separate or divorce? Am I or my children at risk staying with my husband?
If the answers are yes, then you could initiate a court proceeding for divorce and ask the court to remove your husband from the home.
This is a complicated and often very contentious legal process and you should consult with an experienced lawyer in the field.
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