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Moving a Child Out of State: Legal & Practical Considerations When Leaving an Abusive Marriage


Question
This is our problem, my step daughter is stuck in a marriage. She lives in N.J.  Her husband will not work enough to support his family. he is also a drug abuser, and has said he will not work anymore than what he wants.  She has a 15 month old girl,by him,  and 2 daughters aged 12 and 14, from another marriage. They have been served with an eviction notice from their apartment. Her grandmother lives in California and needs care, which would give her income if she could move their. Her previous husband would let us,their Grandparents, take custody of the two older girls with no problem. What could happen if she just left for California with the baby and did not tell him?

Answer
Hi Walter~

If they are still legally married and there is NO court order stating that she can't leave the state, then she's free to go wherever she wishes, and he can do nothing (that means that same for him too).  Once she's in CA, and has a stable income and a place to live (proof of residency will need to be 30-90 days, and then she can file for a divorce.  It will not be easy to do that, since they are in two different states, but it can be done.  I hope this helps you some.