ok me and my husband have been seperated for 5yrs never filed for divorce never signed anything saying my daughter is to live with him. i live in a different state than they do. could i go get her w/o gettin into some kind of trouble with the law?
2006-09-05 05:21:21 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
her dad is on drugs and in the state i'm from he can't get me for abandonment cuz i try to contact her he just want let me talk to her.in order for him to get me on that he'd have to prove that i've went 4 months or longer w/o tryin to contact her and i havent.
2006-09-05 05:43:13 · update #1
Where have you been for 5 yrs? Have you been paying child support? He may be on drugs....but at least he was there for his daughter....which is more than what I can say for you.
He's got 5 yrs worth of precedence set as the primary care giver and custodial parent. So unless you were in a coma for the last 5 yrs....good luck with that! Do you know how stupid you're gonna sound when the state trooper has you pulled over on the side of the road trying to take your daughter across state lines?
You're making great life choices.....keep up the good work!
Just my thoughts.....
2006-09-05 07:08:25 · answer #1 · answered by Tony 4 · 0⤊ 0⤋
Okay here is the truth. You have been separated from you Husband for 5 years and he has been taking care of her since you left.
You will have to explain why you left your daughter. The courts do not care why you left your husband but the are going to want some dam good reason that you left your daughter.
Chances are you can not get your daughter unless you can prove that she is in danger. Again 5 years later you are now worried. You have about 1 chance in a million of getting custody of your daughter.
2006-09-05 06:05:14 · answer #2 · answered by Mit 4 · 1⤊ 0⤋
The first question you need to consider is what is best for your daughter?
Your daughter's needs aught to be your first consideration.
To remove her from the security of her home, school, friends and if there are other extended family to take her to another state would not be in her best intrests.
If your husband protested I feel he would easily win custody because he has been her primary care giver for the last five years. You would be wise to seek legal council if you intend to try to take your daughter from his care and you would need to be able to prove why she would be better situated by being removed from all of this security of the past five years into your care.
Perhaps you need to also ask her what she would like.
Chrildren are not possesions, they are people and the childs best intrests should be paramount in what action parents take and in the decisions they make.
I would suggest if you want to build a relationship of trust with your daughter, move close by and begin frequent visits, become involved in her life and be content with that. She has a right, to have access to both parents. Parents who love her unconditionally and who will not fight over her as if she were an object. Parents have a responsibility to raise children in a loving and secure environment . Please consider the reasons for your desire to remove your daughter from her dad's care.
2006-09-05 05:41:30 · answer #3 · answered by Christine M 2 · 1⤊ 0⤋
Well, since you're still married and there's no custody arrangement, it would probably not be a crime or if it is, it would be very difficult to prosecute. You'd have to check the laws of the state where they reside to be sure.
Do you really want to do this to your daughter. It sounds like she has been living with her dad for a long time with minimal contact with you. If you kidnap her (and morally, that what it would be), you would disrupt her whole life. She would not feel safe and loved. She'd feel like property.
Don't do it. Move closer. Ask for visitation. Re-establish your relationship with her. Make all your decisions about what's best for her. That's parenting.
2006-09-05 05:27:29 · answer #4 · answered by Otis F 7 · 1⤊ 0⤋
You would get into trouble unless you file for divorce and seek custody. Try just for custody papers first and see what can be done.
2006-09-05 05:33:42 · answer #5 · answered by ? 6 · 0⤊ 0⤋
Try talking to your husband working things out. If that doesn't resolve then get legal advice.
2006-09-05 05:24:28 · answer #6 · answered by barney3076 2 · 0⤊ 0⤋
Doubt it. Talk to him and see if he will allow you to have her for a while. If he won't, seek legal counsel and take him to court for custody.
2006-09-05 05:33:45 · answer #7 · answered by bluez 6 · 0⤊ 0⤋
Yes. As long as noone has established custody, and as long as he hasn't filed for custody yet either. Good luck!
2006-09-05 05:32:39 · answer #8 · answered by mcnees79 3 · 0⤊ 1⤋
TAKE HER CHARGE IF U CAN TAKE CARE OF HER. ONLY IF U R FINANCIALLY SOUND.OR LET HER LIVE AT UR HUSBANDS PLACE.TRY TO TAKE ADVICE OF SOME LAWER BEFORE DOING ANY THING.
2006-09-05 05:29:26 · answer #9 · answered by Anonymous · 0⤊ 0⤋
And give serious weight to what's best for your daughter, not what's best for either parent.
2006-09-05 05:26:44 · answer #10 · answered by nothing 6 · 0⤊ 0⤋