I'm still married and want out, but spouse is an attorney and threatens me every time i bring it up, he says he'll get custody because he is an attorney and the judges would be on his side.
so if it isn't kidnapping i need to take my child and go while he's at work please help
2006-11-17 02:17:19 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Your the mother of the child right?? If you decide to leave there is nothing he can do about it.. No matter what he says about knowing the judges.. If you move to a different state before the divorce and petition divorce after you set up residency in that state you can try to have the divorce hearing in the state you live in.. In most cases the divorce will be held in the petitioners county of residency..I don't think you have much to fear with this though.. ln most cases unless you are proven (and l mean real hard physical evidence) unfit as a parent you will get full custody anyway...
2006-11-17 02:31:39 · answer #1 · answered by john316tdh 3 · 0⤊ 0⤋
If you aren't yet divorced, you can take your child anywhere you like and it isn't kidnapping. However, once your husband files for custody, he'll be allowed visitation and may file for custody. He'd have to prove you an unfit parent, though.What I would do is take the kids and go somewhere "for a visit." Leave him a note that you are taking the kids on a "vacation"...you need to think. (Take a copy of that note with you...take a photo of the note if you don't have a copier. That way you can prove you told him what you were doing.) Don't say where you are going, though. As soon as you get there, go see an attorney and find out what your rights are and how you can keep this bully of a man from getting his way. On your way out of town, stop at the bank and use your credit card to get a cash advance of up to $2,000 for your "trip" if you can.. Take funds out of any joint account to cover your travel and $500 for a deposit with an attorney when you get there, IF you can. If you don't have the funds to hire your own attorney, every place has LEGAL AID. Go look in the phone book when you get there. You can also visit the Domestic Relations office in the courthouse of the county when you get there. Just look in the phone book for location. He is bluffing that the judges would be on his side. Judges don't always make the right choices, though. They might side with him if he had the better attorney, too. If they cannot prove you are an unfit parent, and if you can prove you can support your children, you have no worries. He is just bullying you. Best of luck.
2006-11-17 10:36:11 · answer #2 · answered by Wiser1 6 · 0⤊ 0⤋
For one do not take what anyone tells you on here as the law. You cannot just take your child because you want out. From what I know, you could get yourself in a ton on trouble. Who are you to take your child from the father, regardless of how you feel about the father. You need to take the legal route. So what if he threatens you and his lawyer does - you would too if he was going to take your child from you to another state - what kind of father would he be if he didn't care, and that is his lawyer's job - to be in the best interest of his client. Contact a lawyer, or the local courthouse and request legal aid assist you. Ask your ex if he would be willing to go to mediation to arrange a parenting schedule in the best interest of your child. Being a mom doesn't by default give you any rights to just bail to another state with your child - most states are recognizing the need for 50/50 shared parenting. Best of luck to you.
2006-11-17 10:29:52 · answer #3 · answered by Carey L 3 · 0⤊ 0⤋
He can threaten all he wants. When you go in front of a judge, that judge will not be looking at what your ex does for a livung. He'll be looking out for the welfare of the child. If you go away, you may be in for a lot of extra unwanted trouble. Anyway, you'll have to come back to face the music. That just entails a lot of extra spending with the traveling and all. If you go you'll be teaching your child that when things get tough, bail out. Fix everything first then you may go in peace.
2006-11-17 10:47:27 · answer #4 · answered by Jayme C 3 · 0⤊ 0⤋
It may be considered kidnapping because you do not have full custody of your child. I think that you should seek legal advice from an independent person and find out.
Your husband could claim that you left without the child without telling him. This would be against the law.
2006-11-17 10:29:13 · answer #5 · answered by Stareyes 5 · 0⤊ 0⤋
Not if you have full custody! If nothing has been "done" legally yet, you have the right to remove your child from "harms way" even if it means putting a state between you an your husband!
The courts normally side with the mother...you ARE the mother! It is your child too! Get yourself a good attourney and stay and fight if you want out...running never solved anything...it only complicates!!!
2006-11-17 10:23:27 · answer #6 · answered by photogram1 3 · 0⤊ 0⤋
It certainly could be legally construed as kidnapping since you are not letting your husband - the child's father - know what you are doing.
You need to find your own lawyer and stop relying on his threats to guide.
I know I write this in almost every answer, but document EVERYTHING to back up your case. When he threatens you about leaving and the judge taking his side, write down the date, time, and what was said.
Good luck!
2006-11-17 10:26:22 · answer #7 · answered by teel2624 4 · 1⤊ 0⤋
It would be you are not even divorced yet they are no custody laws in place. You need to get yourself a good lawyer and settle this do not run away from this you could lose your child.
2006-11-17 10:26:47 · answer #8 · answered by bifgrl31 3 · 0⤊ 0⤋
you need to contacked an attorney in that state and see what the laws are and social services they can lead you to find the answers you need to know all states are different and so are the laws
2006-11-17 19:31:18 · answer #9 · answered by angle 1 · 0⤊ 0⤋