custody question?

Question

My husband has full custody of our daughter and we are legally seperated cause i took my daughter out of state without his permission and got charged with interferring with child custody. We now live in wisconsin. We live together but, he always threatens to take her away from me and move far away but still in state. We live in a different county than the county which did the legal seperation. Can he take her more than 150 miles away from me? Someone please help?

I have talked to lawyers and tons of people all they say is to get him to beat me up and leave proof or to get him to drop the legal seperation but he wont cause thats the only way he can control me

i know it isnt good for our daughter but i dont want him to have her and mess her up more. If I file for divorce then I'm afraid I wont get her back

we are in counseling

Answer 1

I don't know about your state but here if you are living together you are not legally separated and the legal separation is void. Check the laws in your state.

Answer 2

You don't say how old your daughter is. If she's 11 or 12, she can make the decision on who she wants to live with, but it must be done legally in the court system. Your husband is using your daughter as a weapon against you and I would consider this abuse, not only toward you but also toward your daughter. That is not a healthy situation for any of you to be in.

I would say that if you did a legal separation and then got back together, the legal separation would not longer be legal. However, contact an attorney to be certain. This time, don't take your daughter where you're not supposed to take her. Play by the rules.

Purchase a good tape recorder and many tapes. Place the recorder in an area of the house where you can easily turn it on and record his threats. You will then have the proof you need to take care of this situation. (Whatever you do, NEVER tell him you have recorded him.) Take the tapes to your attorney and discuss what can be done next.

Good luck!!

Answer 3

Separation is sepration and you are still leaving together. Unfortunatly, you have agreed on a separation agreement and the judge has granted him full custudy, now you are trapped betwwen the knife and the wall.

Find legal aid. A divorce drecree overrules the separation agreement as this is only a contract in between both of you, however, when filing for divorce, you will be asked to provide a copy of the separation agreement and it will be considered as part of the process of divorce.
Get your finances together and keep a log of the threats he makes to take the child away from you. You can provide proof in court that he is manipulating the circumstances and treaten you using your child as bait. The judge will see which parent is more suitable to take care of the child, as the law acts in the best interest of the minor. If you can provide evidence of the emotional abuse taking place at home (video tapes, emails, mesages, etc) might help your case in court.
Play by the rules for now and get legal aid and see what are your options. Even if he gets physical custudy for the child, you will still have the right to have visitation. He cannot move out of state without your written consent, but he can relocate within the state and you will have to meet half way for visistation.

Try to be civil and negotiate in a calm way as getting desperate will only make his case and make matters worse for you.

Good luck

Answer 4

the state of Ohio, whoever has full custody of the child doesn't need permission from the other parent. If I was you I would call the attorney who did the legal separation, and ask about the laws in your state. Sometimes you can contact an attorney, and just ask your question w/out having to set an apptmt, or pay anything. Give it a try. He's useing your daughter as a way to gain control over on you. And that's not right.She's a child not a pawn!!!

Answer 5

You are in court ordered marriage consoling and it isn't getting any better? They say to get proof of abuse so I'm assuming that there is a history of abuse. No he can't take her. Do not leave him alone with her. Become the sole provider for her (financially and in care taking) Now file for an emergency hearing. Write up an affidavit of the threats her father makes and let it be known that your daughter in your only care. And if you want a divorce stop sleeping with your husband. Every time you sleep with him after abuse then the court sees that as forgiveness and you are stuck with him. Remember that you are a mother first.

Answer 6

If he has legal custody he can take her anywhere he wants without your permission. If you are no longer legally seperated and back to being married and If the case was withdrawn and equal rights were returned to both parents, he can still do it but you can too. It doesn't sound like you worked out all the issues before getting back together.

Answer 7

I'm sorry you're going through this, but how does the child feel about everything. She needs to be and feel heard right now more than ever. Make sure she's not at fault for any of the arguing and fighting. Are either you or your ex kids from a broken home? It doesnt sound like it. I'm sorry to say this, but I think he-if not both of you are selfish for not thinking of your daughter. How do you think it feels being little pawns in your own parent's game of revenge. Has that been brought to his attention?

Answer 8

never had him beat you up. Gosh you will be setting your daughter up for a very traumatic life.
You did wrong. YOu pay the price.
It seems like the both of you are using the child to hurt and threaten each other. If she head this can you imagine the hurt she will feel?
Get some legal help and MAKE sure you don't make another mistake again becasue you could lose her.

Answer 9

I lived in PA and moved to WI 3 years ago. My husband and I got a divorce in WI. I have partial custoday.....according to our paperwork, i can move up to 150 miles away from him as long as it is not out of state....however, can you file an appeal with the court within i think 10 or 15 days....i would definately speak with an attorney....if i can help any further, please email me....Good Luck

Answer 10

Did the lawyer also tell you that once you get back together that legal separation is just a piece of paper.What about common law marriages,how long have you been together this time.