Is there anything I need to be worried about when I file for divorce if I left the state with our 2 kids?

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Is there anything I need to be worried about when I file for divorce if I left the state with our 2 kids?

My husband was arrested for Domestic Violence almost 2 years ago. I took the opportunity while he was in jail to move to out of state with our 2 children to live with my family so I could get away from him. Currently, I have our 2 children here with me. I am now looking at finally filing for divorce. Because I took off to another state with the kids without his permission, is there anything I need to be worried about?

Asked on April 7, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Generally speaking, what you did could be viewed as kidnapping.  Your particular circumstances may not cause it to be so but be prepared.   Please seek legal help here as soon as you can with regard to the issues of custody and support.  Good luck. 


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