The husband and wife were never married, there has been no court orders regarding custody.
2006-06-30 06:39:13 · 10 answers · asked by michele 2 in Politics & Government ➔ Law Enforcement & Police
OK- not technically husband and wife but I didn't think I needed to explain. She is not going to keep him from seeing the kids. She is only moving an hour away and wants to move for a better job and to end the relationship.
2006-06-30 06:45:35 · update #1
I'm confused. If they were never married, they're not husband and wife.
If there is no order regarding custody, the mother can take the kids and leave the state. It's not a good idea, though. Legally, no problem.
In terms of what is best for the kids, unless the father is abusive, it would be wrong to just up and leave the father they've always known.
It would be best to get an order granting custody and permitting the mother to leave the state, and then leave. Otherwise, Mom is going to be fighting a custody battle in a venue where she no longer lives.
2006-06-30 06:43:10 · answer #1 · answered by zartsmom 5 · 0⤊ 0⤋
Yes, and in some states you might be considered husband and wife even though you never joined together legally. It's called a "common-law marraige." I'm guessing you have some fear of your husband and this is why you want to move to another state. If this is the situation, then you need to be where someone can help and protect you and/or the children. You ask whether a mother can leave her "husband." This, in some states, would be considered recognition that you are married. You don't need a court or dealing with custody of the children unless one of you goes to court to try to get permanent and sole custody. This will be hard for either of you since you'll have to show good and substantial cause for the other person not to be allowed custody of them. Then there will be the matter of visitation. Both parents and all of the grandparents have the right to see and visit with the children. Think about these things.
If you have to make a break because you fear for your own or the children's safety, make it clean and make it secretly. Don't give any forewarning to anyone except one or two people who may help you. Don't even tell the children. Just do it and keep your head low. The law cannot protect you and won't, even though you might consider getting a protective order against your husband. Protective orders are only enforceable after someone has broken them, and many a wife has been injured or worse in spite of having asked for and gotten a protective order.
Good luck! I hope I have helped.
2006-06-30 06:58:26 · answer #2 · answered by quietwalker 5 · 0⤊ 0⤋
Yes, BUT if the father decides to sue for custody, he can go through the court of the state where the children were living, because they will have residency in that state for 6 months. A similar situation happened to a friend of mine. Her husband took the children to a different state and it took her 5.5 months to find them!!! Finally, when she did the attorney told her if she wanted to go through the court process in her home state, she had to IMMEDIATELY get the kids back there, because at 6 months, they would become RESIDENTS of the state the father took them too and she would have had to file for custody in THAT new state. Hope that helps.
Also, custody is 9/10 of the law. ANOTHER friend's husband got mad at her and took their baby to his mother's house (a few miles from them). She called the police and they COULD NOT make him give the baby back. The police said that BOTH of them had rights to that child. So, I wouldn't think she would get into trouble.
2006-06-30 06:47:20 · answer #3 · answered by pro_vegas_voice 2 · 0⤊ 0⤋
Yes, possession is 9 tenths of the law, however the parents should really get something in court over custody and visitations.
2006-06-30 06:44:01 · answer #4 · answered by lil_gabby_2003 2 · 0⤊ 0⤋
It sounds ike youv'e been going via some stressful days. My buddy became in a courtroom dispute and a remaining date surpassed; when I observed as the county courthouse I were given an exceedingly helpful man or woman contained in the... oh no longer certain what dept. they observed as it... diputes or something . besides you could music your case on line all you want is the case variety and county courthouse internet handle. also your felony specialist became on vacation or on yet another large case so that you want to discover yet another one. call round until eventually you stumble on one which's readaly accessible with free consulting for first telephone call or 15 minutes. in the adventure that they ( the courtroom ) received't reopen the help case. you could document to commence a clean one. some ex's document each and every time they hear about some money.
2016-10-14 00:08:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If there is no pending legal proceeding concerning the children, the mother can take the children where she wants.
Even if there is, from the circumstances given, the court would grant permission.
2006-06-30 06:49:34 · answer #6 · answered by thylawyer 7 · 0⤊ 0⤋
well then if they were never married then they ARent husband and wife... Maybe mom and dad
2006-06-30 06:46:55 · answer #7 · answered by Stephanie w 3 · 0⤊ 0⤋
don't expect child support if you do. Why woud you be so cruel to take them from their father?
2006-06-30 06:43:21 · answer #8 · answered by Anonymous · 0⤊ 0⤋
yes u probally should let him know so he doesnt say u were trying to keep them from him
2006-06-30 06:43:46 · answer #9 · answered by stormyblythe 3 · 0⤊ 0⤋
NO SHE CAN NOT NOT IF THEY HAVE A COURT ORDER
2006-06-30 07:04:42 · answer #10 · answered by NIECE 2 · 0⤊ 0⤋