Zigner, then enlighten me: Option A) Leave without the kids and it's abandonment OR Option B) Leave with the kids, and now I am a bad parent for not letting him take care of them? This is where I get confused. If I leave with the kids and go out of state where the employment opportunities are better and I have a family support system, he will come after with "kidnapping" since he has made it perfectly clear there is no way he will ever agree to any custody that takes the kids from him; if I leave without the kids then I am abandoning them because it's "convenient" for me; if I stay with him and "co-parent" it WILL escalate into a physical fight, like it has before. So you tell me, what am I supposed to do?
Apparently your intentions are to move from Louisiana.
SO, BEAR IN MIND that the only way you will ever obtain court awarded physical custody is if you commence the appropriate proceedings in the state where they reside.
In other words, right now only a court in Louisiana has the necessary personal jurisdiction (over the children) enabling any custody placement.
Also, if you do move out-of-state in an act of forsaking the marriage, the father will undoubtedly file for the divorce and obtain custody. In which case your chances of ever having that custody order modified are virtually nil. Why?
Because you would be required not only to journey to the state where they are living, but to hire an attorney and file a motion for modification. And your burden of having that custody order modified would be an obstacle that you could not overcome.
Not unless you were able to convince the court that a material and permanent change of circumstances had occurred since the order was entered warranting that custody be awarded to you and that it would in the best interest of the children to do so.
You ask what to do? I’ll tell you.
Unless you wish to literally give up any chance of having those children with you, then stay put!
Seek the advice of an attorney with the goal of instituting a divorce action and obtaining temporary orders granting you the exclusive use of the residence, custody of your children and temporary spousal and child support. Plus an order that your husband assist you in the payment of your legal expenses.
If you cannot afford the services of an attorney then start making some inquires about obtaining free legal service. For example some chapters of the YWCA have attorneys that volunteer their time. Also contact the appropriate offices at your husband’s military post, because as an dependent you are entitled to free legal advice.
Also, seek pro bono (free legal) services through the Louisiana State Bar Association by starting here: www.lawhelp.org/LA.
And I will repeat, if you pack up and leave the state without your children and establish a permanent domicile outside of Louisiana, you can virtually kiss away of any chance of ever being granted their physical custody.
It is up to you to set your priorities. But my guess is that you are going to walk away.