I live with a very controlling man. We have 2 sons. He is only a father when it's convenient- no changing diapers, no dr. appts, nothing to do with the tough part of being a parent. If I want to move to PA, where all my family and support are, can I just take my kids and go, and deal with custody issues later? I think he could care less about custody, but will use it to keep me from moving away from him. Our financial situation is so bad that I don't see how we could keep 2 separate households going while courts decide on custody, plus I'm scared of him if I leave with the two kids and stayed around- scared that he would take them. What is the law in MO? And even if I did get custody of them, which I have no doubt that I would, would I then still need his permission to move out of state? Thanks!
2006-10-23 09:47:55 · 7 answers · asked by mom2pipnpod 1 in Family & Relationships ➔ Marriage & Divorce
Sorry,but I have to disagree with luv2b,the laws are not the same here in Pa.My best friend moved back here from Kansas with her two children to get out of the same situation that you are in.Pa would not take jurisdiction for her children,even though they had been here for 6 months and were already attending school.She had to go back to Kansas with her children for custody.Once back there she was not allowed to move out of the state because the father still lived there.She was permitted a few years later to move back to Pa with her youngest daughter,but had to give up her oldest for it to happen.She eventually lost custody of her youngest too when the father put up a stink about her being so far away.I was with her during every court hearing,it was ALWAYS used against her that she left the state with her children without the father knowing.Her husband didn't give a darn about the kids either,but just used them as a way to get back at her.Please be very careful in the decision that you make,it ended up costing my friend custody of her children.This was also an abusive man with numerous police reports against him,but in the end,he was the winner.
2006-10-24 08:24:33 · answer #1 · answered by stellablue1959 5 · 0⤊ 0⤋
There are two laws that prevent a parent from just moving - The Parental Kidnaping (sic) Prevention Act, and the Uniform Child Custody Jurisdiction (and Enforcement) Act - UCCJA or UCCJEA. Both of these have been adopted in all 50 states in one form or another. They require that the children live in the state making a determination in their favor for at least 6 months ( which means 6 months and a day.) There are some other requirements and some loopholes, but it requires a lawyer to figure them out - because there are other laws about which state can initiate child support and still other laws about which state would have jurisdiction for a divorce. Consult a lawyer in Pennsylvania about what you can do to move there and keep the children with you. And then talk to one in MO to be sure.
2006-10-23 10:01:39 · answer #2 · answered by TLBFH 3 · 0⤊ 0⤋
My husband and I just moved this week with his daughter from a previous marriage and our 2 daughters from ky to mo. Being that you are still married or residing with this man YOU have a GREAT advantage. You dont have to ask permission from him.. Go to pa with your family like its a visit, then call him after youve registered them in school and contacted an attorney to separate, and tell him youre not coming back but you will allow him to see his boys and wont keep them from him. Go for it, you wont lose! I promise! The law says when you leave and the children are in your possession, you have temp custody until the case is heard in court. Nothing is holding you back.. the best of luck girl, Ill have you in my prayers
2006-10-23 10:05:21 · answer #3 · answered by luv2bawifenmom 2 · 0⤊ 0⤋
No. Talk to a lawyer first. If you want custody, the worst thing you can do is take your kids away to another state without permission, a separation or a divorce settlement. A divorce lawyer will make sure you're protected and take the right steps to get what you want. You're eventually going to have to stand up to Mr. Control and tell him that you're leaving. Be strong.
2006-10-23 09:53:23 · answer #4 · answered by Big Momma Carnivore 5 · 0⤊ 0⤋
Just pack up and go. Do the custody thing when you get to PA. Where you will have YOUR FAMILY around for support.
2006-10-23 09:52:31 · answer #5 · answered by trueangel121301 2 · 1⤊ 0⤋
Well, if you're still married...there would be no agreement in place. Call an attorney for some free advice. But, I believe you can move if it will be in your best interest and the interest of the children
2006-10-23 09:56:43 · answer #6 · answered by hairstylist1970 2 · 0⤊ 0⤋
communicate over with a criminal professional yet he does have the right to wrestle for his baby i comprehend truly some those who've joint custody and stay in diverse states the visitation might want to easily be for over the summer season or vacation trips
2016-12-05 03:47:03 · answer #7 · answered by Anonymous · 0⤊ 0⤋