2006-06-28 07:10:36 · 27 answers · asked by Tina C 1 in Family & Relationships ➔ Marriage & Divorce
Kidnapping is kidnapping, no matter what the situation is.
2006-06-28 07:13:15 · answer #1 · answered by wildbill05733 6 · 0⤊ 0⤋
A legal parent (either biologically or through a legal adoption) cannot kidnap or abduct their child. That goes for either parent. So no, taking your children with you if you leave your husband is not an unlawful abduction. However, your husband has rights and can get a court order for full custody, joint custody or unsupervised visitation or supervised visitation And he is guaranteed to get one of those unless because it is his legal right as the father of those children. And children have rights too. They have a right to 2 parents, a mother and a father. So our legal system protects the rights of all 3 parties. The parent who does not have physical custody also has an obligation of support.
2006-06-28 07:21:35 · answer #2 · answered by Alleycat 5 · 0⤊ 0⤋
It is my understanding, I am no lawyer, that if you do not have a court order preventing you from doing so, then as a parent you can take them anywhere. That said, unless you fear physical or mental abuse, it is always best for children to have access to both parents whenever possible.
Alot of the people above are telling you what they think!! It is not kidnapping if you are a parent. If your spouse files a court order you must appear no matter what, but you can take them and go and it isn't illegal unless there is already a court order in place. Talk to an attorney if you are unsure of your rights, but don't listen to the answers here on a matter like this.
2006-06-28 07:13:56 · answer #3 · answered by Christina 4 · 0⤊ 0⤋
I knew someone who left and took the child when there was no divorce or court order for child custody. What the other parent was told was that it was fine for the person to do so because they both had custody and were married. Now, If the person had the child and left the child with a friend or another relative then my friend had every right to take the child but if the child was with the parent they couldnt do so until there was a court order.-Does that make sense? If not get ahold of me.
2006-06-28 07:53:46 · answer #4 · answered by Sarah K 4 · 0⤊ 0⤋
As long as you DO NOT leave the state in question, you will be fine. Until he takes you to court there is nothing he can do. Other people commenting that it is abcduction are full of it. If that were true, people would HAVE to live together until the divorce was final and custody was figured out. WHATEVER!! Take the kids somewhere, Just DONT LEAVE THE STATE
2006-06-28 07:33:09 · answer #5 · answered by Georgia M 2 · 0⤊ 0⤋
If there is not a court order then either parent can go anywhere with their children. That being said, you need to talk to a lawyer. If you leave and don't, you can bet your husband will. He could file for temporary custody and might just get it. Better to be ahead of the game. If you are not in a dangerous situation, talk to the lawyer first. Otherwise, get out and be safe. Then talk to the lawyer. If you are a victim of abuse, there might be programs to help you get legal aid. Check with the woman's shelters in your area.
Good luck!
2006-06-28 07:18:32 · answer #6 · answered by davidmi711 7 · 0⤊ 0⤋
As I understand it, it's not child abduction, however, your husband DOES have a legal right to see his children until a court says otherwise.
We need more data here. Are you in danger?
Does he beat you or the children?
- if so, Are there bruises you could show a doctor or police officer?
- have you taken photos of them?
- WILL YOU?
2006-06-28 07:15:22 · answer #7 · answered by thedavecorp 6 · 0⤊ 0⤋
No it is not abduction or kidnapping when there is no court order, but you really need to think about it because the same that you can take the kids so can he without any repercussion.
2006-06-28 07:15:09 · answer #8 · answered by 4X4 Woman 3 · 0⤊ 0⤋
every state is different... talk to an attorney. many offer free consultations and they cannot tell your husband about your conversation. if you jump the gun and just take off, you might lose your kids in the end so make SURE you will not be breaking the law! kidnapping convictions do not look good at divorce and child custody hearings.
more important.... if there is any kind of abuse going on.... get help immediately... like right now... contact CARDV or your local domestic abuse prevention organization.
good luck
2006-06-28 07:17:54 · answer #9 · answered by Patti B 4 · 0⤊ 0⤋
It is legal to leave a spouse and you may take the children. However you MUST immediately get an Order of Protection if any of you are being abused. If he is not abusive, you must inform him, by registered letter(so you have proof that you provided the information) ASAP of the contact information for the kids and he needs to be allowed to have visitation with his children provided, again that he is not abusing them. Get an attorney or go to legal aid immediately also call children/family services for assistance if any of you have been abused.
2006-06-28 07:39:37 · answer #10 · answered by nativeamerican1968 2 · 0⤊ 0⤋
NO - in the absense of a court document, you both have custody (Joint Custody) until one of you takes steps to change that. He can also leave and take the children.
However, you both have to notify the other (unless it is an issue of safety for you or the children) of where you are taking them.
Also, you can't deny access unless you can prove you have reasonable grounds to fear any action on his part (leaving town with them without telling you is one of many). If you do fear this, then leave immediately and see a lawyer tomorrow!.
2006-06-28 07:17:36 · answer #11 · answered by Anonymous · 0⤊ 0⤋