Me and my husband are having a really bad argument and he is trying to take the baby away from me. I want to move to another state and he is trying to say that he is going to take me to court and take the baby i need some info on what he can and cant do. Please help before he takes him away from me. Can he just take him please help.
2006-11-18
17:36:25
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7 answers
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asked by
Anonymous
in
Family & Relationships
➔ Marriage & Divorce
is there any websites that i can go on to look up child laws. Thanks
2006-11-18
18:09:36 ·
update #1
If i left the state of Mo and moved to AZ would the court be held in Mo or az. I dont know what to do
2006-11-18
18:11:26 ·
update #2
Either one of you could just take the baby--and that would be wrong. You would then have to go to the court to decide who should have custody.
Stop using the baby as a pawn. The poor child will have a life of hell and will probably hate both of you.
Be nice to one another -- even if you don't like each other and get divorced -- because you share a child. The child didn't ask to be born. Act like adults.
2006-11-18 17:56:08
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answer #1
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answered by chillsister 5
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More and more couples are being ordered to share custody these days because the courts are recognizing Father's rights more and more. But that doesn't mean he can take the baby from you. You need to see a lawyer pronto.
Be aware if you leave the baby at daycare that until you have a custody court order he has just as much right to the baby as you do which means he can pick the baby up and the police can't do a thing about it. So be careful.
It sounds like he is using the baby as a weapon and that is a BAD thing for everyone especially your child. Document any actions that you feel would show his parenting skills are questionable. But don't lie or you will risk losing your child for lying to the court. Document how much has he been involved in caring for the baby?
If he is a good father you shouldn't use the baby as a weapon against him either, you must both put the needs of your baby first.
Perhaps he is threatening to take the baby away because you are trying to take the baby out of state. He doesn't want to lose his child any more than you do. Consider the situation if he was going to move and take the baby out of state? How would you feel?
Most of the time you need permission from the other parent to suddenly move out of state. It will be up to the court.
Both of you need to stop making threats involving the baby and think about what is best for the child. Put the issues that dissolved your marriage aside otherwise you are only hurting your child in an effort to hurt each other.
The marriage is over so those things don't matter anymore, what matters is what is best for your child. And if you two can't come to a reasonable aggreement a judge WILL decide for you. Unless he can prove your parenting is questionable and the baby isn't safe with you I don't think a court will take the baby completely away from you.
However you could end up sharing custody with your husband and that is a reality you need to think about.
2006-11-19 02:18:45
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answer #2
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answered by Guinness Guy 3
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gilbert_brady must be your husband, because he just asked this same question (wife wanting to take child to MO from AZ) from the husband’s point-of-view. But he didn't say that he was trying to take the baby away from you, he said he's trying to keep you from taking the baby to another state. I mean, come on…how would you feel if the situation were reversed and HE was threatening to take the child to another state? I bet you wouldn’t like it at all, and you'd be doing whatever you could to prevent it.
At any rate, here’s what I told your apparent hubby: As long as you’re married then you both have equal custodial and parental rights, unless there is a court/custody order stating otherwise (ie parents who are still married but separated can be granted temporary custody). 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.
However, if you leave the state with the child he could request that a judge order that the child be returned to the state, and such a request would most likely be granted. In addition, when you do go to court over custody, the fact that you removed the child from the state without his consent or approval from a court is not going to look good for you. It could end up hurting you in the end.
Don’t do it!
2006-11-19 03:10:36
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answer #3
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answered by kp 7
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I am not a lawyer. But I have some knowledge about your plight. Right now as a married couple you both have equal rights to your son. If you chose to leave the state, you can take your child with you, if there is not court order preventing you from doing so. Understand however that he can take you to court and fight for custody. At that point messy terms crop up, like abandoment, derliction of duty etc. Do things the right way and separate legally, then seek a divorce. He will still file for custody but you wont look so bad in court. If you are however involved in a dangerous relationship ( domestic violence), get out of there. Contact your local battered women's shelter hotline. If you have other questions, call your local legal aid center.
2006-11-19 01:45:58
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answer #4
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answered by awdstyle 1
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No he can't just take the baby legally but, certainly you hear every day about people taking off with their kids only to end up on the "have you seen me" cards you get in the mail. On the other hand, if he has a lot of contact with the baby, it may be very difficult for you to get a court order allowing you to move the baby to another state. No one could keep you from moving but, you might have to leave the baby with him.
2006-11-19 01:44:48
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answer #5
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answered by jare bare 6
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Monday morning you need to walk into a lawyers office who specializes in child custody cases.
You should not move out of state and he can not take your child...you guys need to go before a judge.
Your poor child's well being is at stake.
2006-11-19 01:42:14
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answer #6
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answered by daljack -a girl 7
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No, courts very very seldom ever give young kids to the husband...
Divorce him and you will get to keep baby and he will be forced to
pay child support...No doubt about it...
2006-11-19 02:00:01
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answer #7
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answered by Anonymous
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