I live in NV and want to leave my husband and move to CA. Can I just take my kids and leave and then divorce?

Question

can i just pick up and leave with my 2 kids and then file for divorce once I move or is this considered kidnapping? If I file for divorce first he will fight to keep them here and not let me move. I need some suggestions from anyone who knows or knows where i can find out the laws on this.

Answer 1

Tricky answer coming. There are no laws stating you cant take the kids and go on a vacation to CA without your husband. Tricky part; once there you decide to stay and file for divorce under CA laws. So far so good unless you told too many friends or people thats what you planned on doing all along. Then you broke the law by running to another state to avoid custody charges in NV. If caught in this you would have to bring them back to face divorce/custody proceedings along with felony charges which wont help you in divorce court. Now if you file for divorce first, chances are youre going to be awarded custody with support. Now you can ask for permission from the judge at that point but you better have one helluva reason for doing so and just because you want to wont be good enough. After the divorce is final, you can ask for written permission from your ex to move them to CA with new visitation rights for him. No easy solution here, but one word of advice, once youve done something illegal youll have trouble getting it undone. Good luck

Answer 2

Yeah, you can leave but this is what will happen, he can charge you with kidnapping and there will be a warrant out for your arrest and as you know kidnapping is a federal offense. It is best to get the divorce before you leave. Now the other thing, if he doesn't file kidnapping charges against you, depending on the state usually you and the children will have to be a residence for at least 6 months, some states 90 days but most states at least 6 months before you can file for a divorce. And you know a lot of things can happen in that time. So first seek legal advice.....try calling a lawyer or legal hot line to get the residential requirements for the state you are relocating to. Now if for some reason your hubby is violent, you might can get a restraining order and that might help you leave the state sooner. Good luck.

Answer 3

Just up and taking the kids will get you in trouble with the authorities, kidnapping... stay where you are, get the divorce and handle it after that. It is always best to be legal than not . Ask a divorce lawyer find a few in the phone book . some don't charge for asking a question . he /she will advise you further.

Answer 4

Legally I don't think you can do that. Call a parallegal or go to a lawyer that offers a free consultation. I got full custody of my kids and I can leave the county with them as long as it doesn't affect his visitation. I think it is considered kidnapping if you don't have legal documentation stating that he can't be around his kids. But this is just my advice. But check into it so you'll know what your options are. Good Luck!

Answer 5

Find out the conditions needed for a divorce in CA. Whether it's no fault or adultry or do you have to show abuse. In any case, It's not kidnapping to take them first, because the court has not decided custody

Answer 6

I would suggest looking at the Nevada Divorce Laws and Child Custody Laws first ( type that into your search engine and look it up) or I would hire a lawyer to advise you. By visiting some sort of legal office, and getting correct and current research on such laws you can then adjust your plan accordingly and avoid any unintended illegal actions. My best advice would be to hire a lawyer on the side and have him/her walk you through the process.

Answer 7

hope i don't get shot for saying this....but here goes.

when married, and there is NO order for custody it is considered joint custody. either parent can take the child anywhere. in CA, you have to be living in the county for 6 months in order to be considered a resident. once residency is established, you can file for divorce, custody and visitation rights. once the summons is served, it established what county you are living in and he cannot remove them from that county. impromptu restraining order. then you have to serve him with the divorce papers. from there, the case goes on. he will have to respond....yada yada yada....and you now live in CA.

hope this helps.

oh...and by the way...go to Yahoo Search. type in "(county you plan on living in) superior court" and you can find the self help sheets to walk you through it.

and when you get to CA, go down to the courthouse and talk to the Free Legal Aid. I went there yesterday and was helped in 5 minutes.

Answer 8

Great plan..............Dumbass!!!!!!!!
Sh!t like that is part of the reason that men snap and spray there soon to be Ex-wifes brains on the walls with a shotgun.
Think about this, how would you feel if some one came up and stole your children? Would you be like "hey thats cool" or would you lose your mind? So think how he will react. also maybe you should stop thinking only of your self don't your children deserve to see their dad? how will they feel without their dad? So, If its so bad you leave ..... without the children, and just worry on how to make yourself happy.
Because if you just pick up and leave with your 2 kids you will go to jail for kidnapping.....and he will have them anyway haha

Answer 9

I think you have to be a resident of the state you file in. If you could hide out for 30 days, get my drift? On the other hand if you file in you state and move to Ca. you would have to come back to N.Y. for every hearing.

Answer 10

Yeah, I wouldn't just take off. That would probably make your problems worse. Ask for a separation and don't tell him what your plans are. You are probably going to have to seek legal advice. Thats what I would do. You don't want to make anything worse by leaving or making the wrong move.