Can i leave my marital home with my child before filing for a legal separation?

[Helendle]

i live in California. My spouse and I often have explosive fight that is not healthy for kids to be around. My spouse refuse to move out. Since im the primary caretaker of my kids, i planned to move out with the kids while waiting to file for the legal separation. Im sure he wont agree with this decision. Can he claim kidnapping if i tell him where we live? Can this have an adverse impact on my case?

 

[Ohiogal]

i live in California. My spouse and I often have explosive fight that is not healthy for kids to be around. My spouse refuse to move out. Since im the primary caretaker of my kids, i planned to move out with the kids while waiting to file for the legal separation. Im sure he wont agree with this decision. Can he claim kidnapping if i tell him where we live? Can this have an adverse impact on my case?

Your spouse does not have to move out until a court tells your spouse to do so. You can move out with the kids HOWEVER he has every right to also ask for custody of the children and that they be returned to the marital home as well as sole possession of the marital residence. If the court were to grant that, it could definitely impact your case adversely. He can't claim kidnapping.