I’m dealing with a complicated situation and could really use some advice:
There is an active CPS and law enforcement investigation involving my husband.
A protection order is in place for my two children against him.
We moved to a new state in 2024, where I have no family or support.
I know I need a lawyer, but I’m struggling to find one locally who can help.
I want to move back to my home state with my kids over summer break so we can be near family and support. What is the process for doing this while the protection order is in place? Do I need his permission? For context, he is living in a completely different state (not our current one or our previous home state), so visitation isn’t a major concern at this point.
I also plan to file for divorce but don’t know when to do it. Should I wait until the legal investigation is resolved? I’m also worried about his mental health—he has struggled in the past, and I fear a divorce could push him into a worse state.
When exactly did you move to your current state? 2024 could mean last month or a year ago, and that makes a difference. If you’ve been there for less than 6 months, your previous state may still have jurisdiction, which could make moving back easier.
If there’s no custody or divorce case already in place, you can probably just move. Courts usually have jurisdiction over where the children live, so if you move back before filing, that state will have authority over your case. I wouldn’t wait until summer—if possible, move now to start the residency clock. Given the situation with your husband, he’s likely too occupied to contest it.
Chen said: @Terry
I feel like this might be too easy? Are you sure I can just leave?
Yes, unless there’s already a court order saying otherwise, you are free to move. The only way he can stop you is if he files a case where you currently live. Since he lives in a completely different state and is dealing with serious legal issues, it’s unlikely he’d pursue this right now.
That said, if you want to be extra careful, you could go through the court to get permission to relocate. But in your situation, the process and legal fees would likely be the same whether you ask first or move and fight it later if he objects.
Given the CPS and law enforcement involvement, I doubt he would challenge you moving. Plus, a judge is more likely to side with you if you’re relocating for safety and support.
Since your husband isn’t even living in the state you’re in, I doubt there would be an issue with you moving back home. Just check the residency requirements—some states require you to live there for a certain period (often 6 months) before you can file for divorce and custody.