I know there has to be something out there that can help me take care of this without going to the lawyer yet. There is a form that you can fill out and submite to the court that will keep her from leaving the state but where can I look. Is there an organization that can help Time is of the essence she's leaving next weekend and on top of that the two lawyers I called wont even see me till the middle of next week.
2006-10-05 10:00:38 · 9 answers · asked by whdvorak 2 in Family & Relationships ➔ Marriage & Divorce
Ok. first of all let me explain something to you. Whoever has em gets em. This is how this works in most states.....Say you are in a relationship and the woman wants out....she walks out of the house and takes the kid....she has them and you will have to fight for custody/ visitation......you take off with them, she gets to fight you. I left when I was preg with my son, since I had him with me, my ex had to fight for him. My husbands ex left with his kids, she had them, he had to fight for them. Possesion is 9/10th of the law!!! You can do a few things, go to the police station and ask them what they think- can you legally go and get your kids? The answer to this is almost always YES, if there is NO Custody petition. In otherwards, if you were just in a relationship and never been to court on those kids you can get them. If there is a custody petition naming her as the domicary parent, then you would be kidnapping. Here is a link to help you talk to someone. They can talk to you TOMORROW!!! http://www.affordablehelp.org/NewFormPage.html?gclid=CNex4cu344cCFQXYSgodgX9fiQ
But you are going to need a lawyer if you let her get away with them. There is even an option to choose "my ex is threatening to leave the state"
Please don't hesitate time is of the essense. Also this is an AWESOME site, I used it in reference to custody battle with my son http://estate.findlaw.com/?DCMP=KWC-G-PUBLIC You can find up to date laws and things you can do. ect. Findlaw is great but visit the other ASAP!!!!!!!!!!!!!!! They will call you tomorrow!
2006-10-05 15:53:52 · answer #1 · answered by Amber 4 · 0⤊ 0⤋
Is your ex flying out of state? If she is then she needs for you to give her a letter giving permission on allowing the child to fly. Without it she can't take the child and the letter must be notorized. If you have a court ordered custody and she leaves the state it is considered kidnapping. You can report her to the authorities and they will issue an Amber Alert. Otherwise, file an emergency petition at your local Family court seeking an injunction against her. If she violates the injunction then you have the right to have her arrested for kidnapping.
It is nice to see a father really cares about his children. I know I do. I am also in a Father's rights group called FACE.
2006-10-05 10:22:31 · answer #2 · answered by steve s 3 · 0⤊ 0⤋
depends on what state you are in.
get a paralegal to help you with the paperwork. RIGHT NOW!!
file a summons and petition along with custody, visitation and support paperwork. you have to file additional paperwork with it but the paralegal can be of more assistance in what paperwork. get a sherrif to serve as soon as the paperwork is filed. they have personal process servers for more money but they get it done in your time frame. sherriff's usually take about a week.
on this is a restraining order that prohibits her from leaving the county.
she will then plead to the judge why it is in the best interest of the child that she leaves. and then you'll have to arrange out of state visitation.
2006-10-05 10:10:38 · answer #3 · answered by Bella 5 · 0⤊ 0⤋
i was in your same predictament. Lawyers told me that there really isn't much you can do to keep a person in the same state as you. I even had a court-ordered agreement between me and my ex and he still moved out of state with my son.
2006-10-05 10:07:58 · answer #4 · answered by rosie9977 1 · 0⤊ 0⤋
Go to your local court house, to the Friend of The Court. You don't need a lawyer, although they may charge you a small filing fee. Don't waste anytime, the courts aren't exactly speedy.
2006-10-05 10:03:12 · answer #5 · answered by kandekizzez 4 · 0⤊ 1⤋
try to set her down and talk to her let her know two of you not working out is not you childs fault and your kid should not be punished for it she/he needs both of his parents so talk out some kinda of split custody arangement on paper make two copys and have them notorized hope this helps.
2006-10-05 10:12:28 · answer #6 · answered by aleym 2 · 0⤊ 0⤋
Go to the police!
2006-10-05 10:03:52 · answer #7 · answered by Gerry 7 · 1⤊ 0⤋
OMG! i am soo sorry. maybe you should tell your ex. how much your child means to you. if you did somthing to make your wife not trust you, then you screwed up and you can't blame her for not trusting you.
2006-10-05 10:03:29 · answer #8 · answered by manduhh 2 · 0⤊ 1⤋
i dont know honestly... but i just want to say, thats completly wrong. how old id your kid?
2006-10-05 10:45:16 · answer #9 · answered by Marissa 3 · 0⤊ 0⤋