im trying to get a seperation with my husband and he dosent know abouti t because im afraid he will try to hurt me or himself and i wanna do the right thing but legally
2006-08-21 06:37:42 · 9 answers · asked by danielle 1 in Family & Relationships ➔ Marriage & Divorce
If there is no custody order, then you're free to take your child out of state. Do you have family that you can go visit for a while. I'm assuming the paper work is going to have to be done in Ohio though, for the divorce and custody..... which means you're going to have to return. Do you have an attorney? If not, I suggest you consult with one before doing anything.
2006-08-21 06:55:23 · answer #1 · answered by rachael 3 · 0⤊ 0⤋
In most states it's is illegal but if he doesn't know that you might be able to get away with especially if you believe that he might physically harm your or the child or even himself. Check with a lawyer or the state you are planning to move to see how long would the child have to in residence. This will give you some ideal. Make sure you get the separation papers first before you leave. Always cover yourself. Because if you don't have the legal papers, he can charge you with kidnapping. Good luck.
2006-08-21 06:44:43 · answer #2 · answered by kitcat 6 · 0⤊ 0⤋
Talk to legal aid in your area to see what the regulations are. Since you don't have anything in writing yet through the court system I would think you could take the child anywhere. It is important for you to communicate with the father of your child and can be looked upon as bad if you leave the state without telling him. If it is that bad file a restraining order and get some protective custody for your child and yourself.
2006-08-21 06:46:07 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you can't do it without help you will probably be better off calling a shelter and a lawyer, or just get out of the state and contact a lawyer and a shelter in the area where you are going.
Just make sure you get everything you need when you leave, so that you don't have a reason to go back.
They are your kids and you haven't gone threw a divorce yet, then the answer to your question is yes you can take your child out of state, you are the mother, you gave birth to them, him or her......
2006-08-21 06:51:05 · answer #4 · answered by Not a Daddys Girl 4 · 0⤊ 0⤋
I don't know Ohio Law but Mass law yes it it illegal to take a child out of the state with out permission of both parents.
If you fear for your life you can get a restraining order against him, to prevent him from trying to hurt you. That would be the first thing you should do. If he gets with in x feet of you, you can then call the cops and he will go to jail for violating the Restraining Order. Then you can go about the filing for seperation and/or divorce
2006-08-21 06:45:26 · answer #5 · answered by g m 2 · 0⤊ 0⤋
It is against the law to leave the state w/o letting him know, but in your case like some of the others said you sould seek advice and put a restraining order on him. He has the right to know where his kids are put yourself in his shoes. Legal is best. Go where he can't hurt you. Make plans then do what your heart tells you. Best for the kids as well.
Good Luck
2006-08-25 06:11:38 · answer #6 · answered by knows the feeling 1 · 0⤊ 0⤋
he could press charges on you for kidnapping....if he is abusive, or you are afraid he will hurt you, you need to file a complaint or press charges against him....call a woman's abuse hotline or ask your lawyer, or go to your local PD to ask how to go about leaving the state with your child legally. Unless the judge says you can, you can't leave the state with your child.
2006-08-21 06:48:12 · answer #7 · answered by mjboog2 4 · 0⤊ 0⤋
If there is no court order saying you cant take the child across state lines then there is no legalities involved.
2006-08-21 06:47:04 · answer #8 · answered by Badkitty 7 · 0⤊ 0⤋
i think that it is ok to move out of state as long as there are not any papers stating that u have to stay in the state. there shouldn't be because you haven't filed for divorce yet. good luck and i hope you and your child are safe and happy in the end.
2006-08-21 06:45:14 · answer #9 · answered by Becky 3 · 0⤊ 0⤋