Legal Question in Family Law in Minnesota
Getting out
I am currently married to a physically and verbally abusive man. I have one child with him, and one from a previous relationship. I have asked him for a divorce and he refused. There is no point in envolving law enforcement, although they are there to serve and protect, he would kill me before they ever got there, or as soon as he got out. I must leave for the sake of my children. My question is, to be able to take my children out of the state, what kind of custody do I need? Can we be protected in anyway? Will the court system deem this as kidnapping or deprovation of parential rights if I take off, even though we are in a violent situation, and fear for our lives? I cannot stay around here, I must go far away to be safe. How do I protect my children?
1 Answer from Attorneys
Re: Getting out
Your best option is to visit a battered women's center to make living arrangements. You must then seek a restaining order against your spouse. You do not have to list your shelter as part of that process.
You may then file for divorce and seek custody and the right to relocate out of teh State. If you relocate without proper notice, you could lose custody or, worse, be chareged with a parental child abduction.
At some point you must make a stand and face this man in Court.
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