I want to move to a new state with my kids, with fathers knowledge. Can I file temporary custody once there to protect myself or do I have to do it before I leave. Husband and I decided to try and live seperately as a trial. But I am not 100 sure he won't try to pull something after I am gone. we are not filiing divorce at this time.
2006-10-21 12:27:52 · 9 answers · asked by Lynn 3 in Family & Relationships ➔ Marriage & Divorce
The correct answer would depend on the state you live in...but I will say this, you will have to live in another area for at least 6 months before you will be allowed to file any court preceedings there. Check with the local office where you are planning to move to find out what you can do there...and call the office where you are now to see what you would have to do too. Amything outside of that is pure speculation...especially on a open forum like this one. You need to know for sure, not maybe's, this is too important to take advice like this (for example)...
" I would consider filing for temporary custody if you don't know what he might do. He could get you in trouble for parental kidnapping. Then again, maybe he won't. That's where you need to consider how well you know him. You can write up an agreement with him have both of you sign it (with a witness or notary) and submit it to the courts."
No court in the land will except anything written...only a court ORDER can establish custody, even though the two of you may agree...and he cant get you for kidnapping either, because he doesnt have custody!!
PLEASE GO GET THE RIGHT ADVICE FROM PEOPLE WHO KNOW!!!!
2006-10-21 12:34:39 · answer #1 · answered by tpoke24 3 · 0⤊ 0⤋
Anyone can file for custody. In your case, it sounds like he just said that to make you angry. If he really has all these drug problems and there is a record of that on file, he would be stupid to try to file for custody because no one would ever give it to him. On the other hand, if the baby is and always has been with you and there have been no problems on record, there would be no reason to take the baby out of it's good environment. Sounds like you might need to file for a restraining order.
2016-05-22 08:29:47 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Is this separation a "legal" one or is it just something you two decided to do? If there have been no signatures there is no way you can take the children out of state whether he knows or not. He can turn around and have you arrested for kidnapping, even if he knows of it. You need a legal separation that give you either parital custody or full custody of the children in order to take them out of state, but don't plan on it being easy because most courts don't allow it unless there are viable reasons for moving out of state, and it is up to the court to determine if any reason you give is viable.
2006-10-21 13:54:40 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Do whatever you are going to do before you leave the state. I have a friend that recently lost custody of her children when she left the state. Her ex knew full well that she was going, and agreed to it. She was moving to be close to her dying father. Every thing was fine until he found out she was seeing someone else. He then went to court and told them that she took the children without his knowledge or permission and he was awarded full custody. So if you love your kids and want to be safe, get that court order before you go.
2006-10-21 12:48:47 · answer #4 · answered by LofanNui 3 · 0⤊ 0⤋
You will need a temporary custody order before you leave and written permission from your husband otherwise he can legally charge you with unlawful flight with the kids to avoid divorce custody hearing or kidnapping. Forget the part of him knowing because he can simply deny it and youve got alot of legal trouble, so get written permission from him before you leave. You still may have to bring them back if he files for divorce first
2006-10-21 12:39:02 · answer #5 · answered by Arthur W 7 · 1⤊ 0⤋
I would consider filing for temporary custody if you don't know what he might do. He could get you in trouble for parental kidnapping. Then again, maybe he won't. That's where you need to consider how well you know him. You can write up an agreement with him have both of you sign it (with a witness or notary) and submit it to the courts.
2006-10-21 12:31:57 · answer #6 · answered by sandysstyles 2 · 0⤊ 0⤋
My ex husband lives in NY and I live in OH. Before we were divorced, we had no legal agreement. Our son lived with me but for Christmas he went on a vistation to his dad's in NY. My ex refused to give him back. I called the police in both states and no one would help me. Due to the fact the was no "Legal" documents and we both have custody as long as we are married. I then got our son back and filed for Temporary custody. I was grated it but I could not leave the county I resided in or surronding counties without the courts permission. I recommend calling an attorney and get all documents, without it you can lose your children.
2006-10-21 15:06:32 · answer #7 · answered by Stina 1 · 0⤊ 0⤋
You need to seek the advice of an attorney or other legal professional. Do not jeopardize your ability to have custody of your children by doing the wrong thing.
2006-10-21 12:38:13 · answer #8 · answered by Lucky 1 · 0⤊ 0⤋
yes if you file there yours
2006-10-21 12:32:21 · answer #9 · answered by pppxxxooo 1 · 0⤊ 0⤋