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Dual Mil Divorce?

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Location: Kansas

My husband and I are both active duty military. We married in tech school after meeting in BMT (I know). We have a one year old child.

Over the past several months, my husband has become physically abusive. Within the last three months:

He has put his hands around my neck. He has kicked me multiple times while I was on the floor. He has dragged me by my arms, leaving visible bruises (I have photos). On another occasion, he swerved the vehicle while I was driving during an argument. I have two audio recordings that capture incidents of physical assault.

I have already spoken with base legal. I was advised to contact SAPR regarding domestic violence and FSS regarding custody, and I am waiting for those appointments. I am also seeking general legal information here because off-base attorneys are currently not affordable for me.

I was told that pressing criminal charges would strengthen a custody case, but that without charges it could be my word against his. I am hesitant to press charges because I am concerned about the financial impact on my child and husband if my husband were separated from the military.

My questions:

Under Kansas law, is it realistic to seek sole legal and physical custody of my child without pressing criminal charges, if I have recordings and photographs documenting abuse?

Can the court consider domestic violence evidence in custody decisions even if no criminal charges are filed?

If I were granted sole custody, would I be allowed to relocate to my home state (Illinois) with my child, or would my husband still have the ability to prevent that? I have a large support system there.

If I am not granted sole custody, does Kansas law allow me to relocate with my child anyway?

Am I legally allowed to move out of our shared apartment with my child right now for safety reasons, even if we are both on the lease?

Currently, we live separately within the same apartment and have separated finances. Our relationship is no longer viable, and I do not believe we can safely cohabitate. I want my child with me full-time. I am not attempting to cut my husband off from the child, but he is not able to be the primary caregiver and we cannot live together.

Any legal insight into custody, relocation, and moving out would be appreciated.

submitted by /u/Sad_Habit491
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