Legal Question in Family Law in New York
Can I move away from a abusive EX
I am not legally divorced just yet. My EX has been dragging out the divorce hoping to hold on to ME. He never really wants to see his kids but has decided to raise issues to slow down our divorce. He knows that I want to move to Dallas,TX for work which would be better cost/safety wise. But he says that if I move he would charge me with kidnapping. He has a stay away order right now and has caused many domestic issues invcluding breaking into my house to see if anyone was sleeping in my bed at 2am and he was drunk. I feel that stay in Syracuse, NY is dangerous for me and maybe my children. What will happen if I just leave without saying anything? Please help.
1 Answer from Attorneys
Re: Can I move away from a abusive EX
First, did you have him arrested when he broke into your house at 2AM? Why not?
If you up and take the kids, he can file with the court to have you return them to him (or move back).
Assuming you have custody or Jt custody, it is not kidnapping!
In order to have peace of mind, you probably should beat him to court and request permission to take the kids. You will have to prove that it is in the CHILDREN'S best interest (not yours) to move to Texas.
Since you are in middle of divorce, I assume you have a Judge assigned and perhaps an attorney as well? Tell him/her to file an Order to Show Cause why you shouldn't be allowed to re-locate with kids.
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