• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Getting children out of state

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



My sister lives in NY and her husband is mentally and pysically abusive to her two children. Is it possible to get the children out of state on a legal separation??? or are the children subject to a custody battle?...... one child is 8 yo and the other is 14 yo....
Any info will greatly appreciated.....


Senior Member
Is this abuse beyond "normal" discipline ? I mean if he is leaving marks & bruises the when it happens then parent needs to call the Police and press charges. It's considered domestic violence and the Police must act on it.

You can also call the State' toll free Child abuse & neglect hotline ( anonymously). They will investigation within 24 hrs. Do not use this unless these allegations are real .

If a police report is taken then get a restraining order.

Next thing is to file Emergency Court Papers for Custody and make it legal .


"Is it possible to get the children out of state on a legal separation??? "

Possible? If there has been no paperwork served, it's possible. Just go. If he files, though, you will probobly have to come back. Are you talking about visiting relatives in another state?

"or are the children subject to a custody battle?"

Yes, that would seem likely if you take off with his kids... depending on what he does. :)

Of course, doing what the Blonde says is very important. You should report and document everything.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential