My marriage sucks! I really think it needs to be over my husband has given me so many reasons to leave him. My problem is, I've been a stay at home mom for years. I need help from my family, but they live out of state. Is there a law that would stop me from taking the kids out of state for right now, until I can get on my feet?
2006-10-27 15:05:14 · 21 answers · asked by RaeLynn 2 in Family & Relationships ➔ Marriage & Divorce
yep there is a law stating that you can NOT leave the state w/o your husbands approval. I know its GAY but its there....my friend went to jail for kidnapping and her husband didn't even talk to then for 2 years before she left to go visit family. He just found out and called the police. Be careful and if you can GET PERMISSION or talk to a JUDGE. But don't leave, its not worth risking "JAIL TIME"
KODY W..... i would slap him if he was in front of me....ignore his answer...i will report him (REPORTED)
2006-10-27 15:08:08 · answer #1 · answered by CMA 4 · 0⤊ 0⤋
Well Kody just wanted 2 points! Anyway If your husband knows that you are taking them and doesn't mind then yes you can take them out of state but to just pack up and leave when hes at work might cause a problem. I would think that you would have to get some kind of temporary sole custody before you left that way it doesn't cause any problems. You should be able to do that by filing for a legal separation and putting that the kids will be with you in whatever state. You have to realize if you leave your husband and you get the kids you'll be getting child support and alimony. (in most states) You can get alimony if you worked during less then half your marriage. You will get alimony until your remarried and child support until the kids are 18. In less you put in the support order that he has to continue to pay until they are out of school including college. Good luck!
2006-10-27 15:15:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Call a lawyer. Do you have mediation paperwork? Legal paperwork? People on this site cannot tell you yes or no, and by all means if they do - take it with a grain of salt. This is very serious. If you do not have a lawyer, call your local courthouse and request a mediation appointment. You and your ex will meet with a mediator and go over these things, and hopefully agree to a custody/visitation schedule, then sign an agreement. If you cannot agree you will need to go to court. If you end up moving, their are some great sites on long distance parenting - it is more & more common these days. What ever you do - do not alienate the kids from their father, and take the legal (documented) road.
2006-10-27 15:21:40 · answer #3 · answered by Carey L 3 · 0⤊ 0⤋
Your fortunate you didn't start the divorce first, then try to get the kids out of state. Your playing with a grey area a bit but legally it's still O.K. Smart decision to go back to the family. This is good because it stops him from charging in to drag you and/or the kids back. I didn't read you having any attempts at repairing the relationship, so I hope you've at least tried that first. Otherwise I would say the kids are better off with someone who doesn't run away from their problems. No put down, I just know that those who at least attempt to resolve the problems are more mature than those who cut and run!
2006-10-27 15:15:39 · answer #4 · answered by delux_version 7 · 0⤊ 0⤋
There is no law saying that you can’t take your children out of state, provided that you don’t attempt to ‘hide’ the children from their father. Of course, he can ask the judge to order that the children be returned to the state. Even though there is no law against it, an attorney would likely advise you not to do it unless Dad has agreed to it or a court has given you permission.
Just FYI, even if you file for divorce first and get temporary custody, that does not mean that you’ll automatically be allowed to take the children wherever you want.
You need to talk to a local attorney.
2006-10-27 15:25:55 · answer #5 · answered by kp 7 · 0⤊ 0⤋
Unless one that answers you on here is an attorney from the state you live you need not listen to any advise on here; instead you need to ask a local friend church acquaintance someone in your area of a good lawyer and get sound legal advise from a person qualified to give it. Take the wrong advise from on here and you could find yourself in a huge legal issue. And if your family lives out of state, be up front and honest with them about needing assistance. They can help you now. As well find employment now and begin helping yourself financially. It may help lift burden from you. Good Luck
2006-10-27 15:17:23 · answer #6 · answered by chattylady47150 3 · 0⤊ 0⤋
Go before the papers are drawn up!!! You need to be the first one to file... he's gonna try to make it look like you stole them and judges don't like that. The judge can order you to come back and may give the kids to your husband since you technically fled but, you should get permission just file first and request that a custody order be put into place. Or try telling the husband that you're leaving with the kids and tell him where so, he can't use it against you!
2006-10-27 15:13:32 · answer #7 · answered by mrsross 2 · 0⤊ 0⤋
In the state of Kentucky there is a law that prohibits either party from leaving the state with minors until the custody battle is declared in court.
2006-10-27 15:24:57 · answer #8 · answered by shelly871985 1 · 0⤊ 0⤋
Have you spent as much time thinking about how to improve your marriage? Tried counseling? I hope that you've given as much effort to trying to save the marriage as your are not giving to trying to end it.
Your kids deserve a two parent home. Find a way to get the help your family needs to get better together. Talk to your doctor or church leader about family counseling.
2006-10-27 15:26:08 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yes there is a law. You have to prove that he is doing something against the law in order for you to leave. If you have no legit reason you have to get a court order and he has to agree to it.
2006-10-27 15:09:32 · answer #10 · answered by shyhonney 4 · 0⤊ 0⤋