What can I do if I want to leave my husband but he won't let me take my 2 kids with me?
Question Details: I have made the decision to divorce my husband, however he will not let me take my 2 kids with me. I have given him multiple chances and have finally had enough. He does have a bad record. In fact, just recently he got a DUI and has other misdemeanors on his record that he will have to face in court soon. Can I legally take my kids before going through the court divorce process?
No, you can't take your children without going through the divorce process, any more than he could simply take the children and leave you behind. Custody of the children is determined in the divorce, so you need to go through the divorce to get custody. If you don't and simply take the children and leave, you could potentially face criminal charges; it will also hurt you in the divorce, when you seek permanent custody. If he has drinking issues and/or a criminal record, then especially if you have been the primary caregiver, it is likely the family court will give you custody, but you need to go through the legal process.
Consult with a family law attorney about filing for a divorce in the most expeditious, fastest way possible.
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