Hypoxia and Medicine

Question About Divorce and Moving Out-Of-State?

I was just trying to seek some information, I guess more legal than anything. I have been married for eight years. I worked until our second child was born due to a chronic health condition. We have moved so many times to different states and our children have really never been stable (ages 6 and 4). My husband then moved us into his parents house and we have been here for over one year. This is the third time in four years by the way. I became injured six months ago and still am unable to work. My husband has not had constant employment in over a year and his parents live like slobs and I am their maid (not so much now cause of the condition). His parents are extremely rude to me and have been rude to my family. His mother has told our six year old that she doesn't like me and that no one in the family does. There is no real reason for this. I went back to college for a BA in Healthcare Mgmt and have been for three years. His mother is irresponsible and my husband has taken on all 0f their irresponsible negative behavior. My husband has never stuck up for me or his children (even when his mom wouldn't clean up our child while in presence after slipping in dog pee). We live in FL and my husband has been laid off for months now. He left jobs making $40,000 to make 8.50 an hour (told because he wanted to try it). I have family in Upstate, NY and they want me to go up there with the girls. My children and I all sleep on a king size bed on the floor in one room currently and they have their own room at my family's house. My question is whould it be legal (if my husband kew about it) to take the girls out of this state to my family's house? My husband has only made $11,000 a year and his mom has caused my children and I too much stress. Not to mention that my injury is from slipping in dog pee on her floor and they pay nothing for my medical bills. They get their son and my children and I get all of their problems and crap. The only one that has it easier is my husband from having his mommy and daddy pay for everything for him, while my children and I live mostly off of my college refunds. Do I have any rights? Thank you for all of the advice. I apologize about the gramatical errors, I was in a hurry and a little stressed.

Public Comments

1. Take the kids to your parents and then call him and tell him afterwards. I wouldnt worry about it. You're the mom. From what I understand if you walk into court a mom you win just like that.
2. Consult an attorney first. Most family law consultations are free. Also call the Battered Women's Hotline to see if you are a victim of economic and emotional abuse. Sounds like it. They can advise you as well.
3. You have lots of rights. You may have to go the nasty route and establish the terrible living situation in florida and why it would be better for the children to be in NY.
4. As long as your not in a legal separation or in the process of divorcing, you can take your children anywhere you want to. However I think it would be in the best interest of the children (and yourself) to let their Dad know that your going for a >>visit<< so it won't look like your running away with the kids. Once your at your family's, you can decide if this would be the best place for you and the children, you might change your mind after you get there. Its time that you and your husband make some new arrangement about your own family and get back to being a private family. There is nothing wrong with help when we need it but I think your husband is being a little irresponsible about things. You most certainly need to get out from your current location but do it without ruffling feathers. (if you know what I mean?)
5. u really need to talk with a lawyer
6. So sorry for your situation. It definatley sounds like a horrible & abusive situation for you & the children. Go to or call your local Health Dept. they could put you in touch with abundant contacts for free legal advice, & assistance. And some type of advocate group for women & children in abusive situations, I know that they can provide you with a place to stay, food and clothing , and if they feel that he or his family is a danger to you, they can put a protective order on him and or his family. And they will be able to tell you wether or not you can leave the state legally. You should take photos when no one is there of the mess and living conditions, and get documentation of anything that can work in your favor, His pay stubs, tax returns, ect...but do it safely. But please.... Get you & your children out of that unhealthy,abusive enviroment asap.!
7. I am not an atty & laws differ by state, but I thought Joy's answer was good. If you feel safe that he won't try to stop you from taking the kids, just tell him that you are stressed out & are bringing the kids for a visit. He damn well knows that you are being mistreated & are being abused emotionally. Once you are back in NY, never go back. I agree, once you are away from him just say you were mistreated & you changed your mind about returning to that hellhole. You & you kids are living like animals (worse than most animals!) He is a horrible husband. Doesn't deserve you & your children deserve much better. Don't support him or his equally low life family with one penny from your college money. Especially if you are borrowing the $. Speaking to an atty in the meantime is the safest bet, though. Call your local courthouse & ask for the free legal clinic.