What Happens with the Kids?

[SW11]

I am considering separating from my husband. He refuses to go to counseling and I don't know how much longer I can live in this situation (no physical abuse or anything like that, purely lack of communication). I would like to try to work things out and am hoping time apart will help that.

Here is my problem, I know (from past conversations) he will not agree to me moving out and taking our kids. I will not leave without them. What happens in this case? Am I stuck? I'm pretty sure I can't take them without his OK, am I right?

 

[Duranie]

Take them where? How far away are you wanting to move? Until a court says otherwise either of you have full rights to the kids, but I would highly caution against moving out of state.

 

[SW11]

I'm not talking out of state, more like across town. If I leave I would probably go to my parents house and they live about 10 minutes away from our house.

 

[Duranie]

I would say there is nothing wrong with that since there is no court order.

You should still allow him to see the kids though. You do not want your parents interfering with his rights.