Custody & Kidnapping

One of the issues that could arise is that when a custody case is being decided, judges will often consider who has been the primary caretaker. If one parent has moved out, the other parent is likely assumed to be the primary caretaker. Also, as you can see from STATE’s law that discusses the custody factors a judge considers [HYPERLINK TO THE QU ABOUT WHAT FACTORS A JUDGE CONSIDERS], one factor is [INSERT HERE ANY FACTOR THAT DEALS WITH “The need to promote continuity and stability in the life of the child” IF THERE IS ONE AND ADJUST NEXT SENTENCE ACCORDINGLY]. This could possibly be seen as keeping the child in the situation where they are at. Before moving out without your children, I would strongly suggest that you talk to a custody lawyer who can realistically tell you how this might affect your future custody case. A lawyer can also help you plan out steps to try to make your future custody case stronger if you do end up moving out. We link to lawyers on our Finding a Lawyer page. HYPERLINK

If you are being physically abused, one option you may want to consider is whether you’d qualify for a protection order. A protection order can order the abuser to leave the home and allow the victim to stay in the home. It can also issue temporary custody of children. A judge can issue an order if the abusive partner commits any of these acts of abuse. HYPERLINK TO WHAT IS THE LEGAL DEF OF DV QUESTION. You can read more about protection orders on our website. HYPERLINK TO RO PAGE IN HER STATE

We have other safety tips on our website. For emotional support and help with safety planning, you can contact a local domestic violence program. HYPERLINK