The parents have not gone to court for custody.
2006-11-14 11:41:26 · 11 answers · asked by patty89m 1 in Family & Relationships ➔ Marriage & Divorce
If you haven't went to court yet then yes it is her right. If there is a question that she might take off with the kids contact a lawyer.
2006-11-14 11:43:57 · answer #1 · answered by unicornfarie1 6 · 0⤊ 0⤋
If the parents are still married and there is no custody order in place (either permanent or temporary), then both parents have equal custodial and parental rights. In that situation, it is not illegal for one parent to take the children out of state without the other parent’s permission, as long as they don’t attempt to ‘hide’ the children from the other parent. Of course, the other parent can then ask a judge to order that the children be returned to the state and there is a *very good* chance that such a request would be granted. If you then end up in divorce court and the judge becomes aware that one parent removed the children from the state without the other parent’s permission, they will not be happy with that parent. So while it’s not illegal, there is a chance that it may end up hurting you in the end. I’d strongly advise against doing it. Either get Dad's permission or get court approval.
2006-11-14 12:47:54 · answer #2 · answered by kp 7 · 0⤊ 0⤋
If custody is not settled, either parent can do anything they want.
If you are a worried parent--either worried that the other parent will do this, or worried enough about your situation or the children's safety to consider doing this--you should file an Order to Show Cause immediately. This will result in an interim order from the judge that will place limitations on where the parents can go with the children while the matter is being settled.
If you feel the need to file an Order to Show Cause, call your lawyer immediately or first thing in the morning, or the court you're involved with if you're not represented (Supreme if one of you has already filed papers for a divorce, Family Court otherwise) first thing in the morning, and find out how to do this.
I notice a lot of conflicting answers, and the true answer may vary from state to state. If you're worried, call your lawyer, or the family court in the morning.
2006-11-14 11:53:13 · answer #3 · answered by Singinganddancing 6 · 0⤊ 0⤋
I am married and have a child with another man and we live out of state because my husband is in the military however there is no court order but all parties concerning the matter are fine with it. I do know however that if the matter pertaining to your friends is not agreeable than the courts will have to decide and in some cases they have been known to force the primary custodial party to stay in the state. It really all depends on the circumstances and how good the lawyers are.
2006-11-14 11:47:35 · answer #4 · answered by Tanya 2 · 0⤊ 0⤋
Depends on the state but usually if there is no court-ordered custody, the mom can take the kids without the father's permission. The reverse would be true also.
2006-11-15 11:30:00 · answer #5 · answered by Inquiring Mind 19 3 · 0⤊ 0⤋
not if he goes to friend of the court and get parent rights then she can not take the children over 100 miles from the father he does not have to have custody to have parent rights
2006-11-14 11:44:42 · answer #6 · answered by amy 3 · 0⤊ 1⤋
No, not without a court order and the courts always favor on the side of the parent who is staying put (and has the money to support the kids).
2006-11-14 11:45:06 · answer #7 · answered by mJc 7 · 0⤊ 1⤋
I think it would be better for both the parents to agree, unless the father is a hard a s s.
2006-11-14 11:44:54 · answer #8 · answered by off_switch33 2 · 0⤊ 0⤋
where i come from , this is called kidnapping. they almost got me on it yrs. ago. so i had to return and get the courts permission.
2006-11-14 11:44:39 · answer #9 · answered by ~just_jd~ 5 · 0⤊ 1⤋
No not if custody has not been settled.
2006-11-14 11:43:21 · answer #10 · answered by Engel 3 · 0⤊ 0⤋