My wife went to AZ with our two childlen that are twins, ages 6 months old...we agreed on a date that she was coming back and to my knowledge everything was fine between us. Now I recieved a call that she's not coming back with the kids on the date that we decided and is deciding to stay in AZ with her parents because we have issues. Do I have have any legal rights here? Is this kidnapping? Everything was fine and now she just made the decision not to come back on the date we agreed to without even asking me. How can I get her to come home...I feel that her parents a playing a huge role in this problem Please help.
2006-11-26 13:06:49 · 15 answers · asked by wondering 2 in Family & Relationships ➔ Marriage & Divorce
Unfortunately this is not kidnapping unless you have the agreement in writing. As you are still married your wife has the legal right to take the children anywhere she wishes.
Now, conversely you have the same rights. If you wished to do so, you could go to AZ and bring the children back (you can't force your wife back as that would actually be kidnapping).
The problem you would face in going to AZ would be if your wife or her family called the police they would most likely come down on your wife's side as removing the children from the house would cause a disturbance to them and again, your wife has the right to take the children where she wants to.
Now, if you have the patience to do so, you could go to court and explain your situation and get an emergency order of custody for your children which would give you the legal right to go to AZ and bring the kids home. The difference being that the court order would be enforceable by the police.
2006-11-26 13:13:56 · answer #1 · answered by zaffaris 5 · 2⤊ 0⤋
I don't know about your laws but in Australia you would have to go to court and take out an order on her to return the children. You have rights too and she is not allowed to legally leave the state with the children without your consent. I know you originally agreed for her to go but that was only supposed to be for a holiday. You desperately need to seek legal advice !! What l don't understand is why she has decided not to come back ?? If as you say everything was fine before she left , what has changed her mind all of a sudden ?? Surely her parents would not be able to persuade her to leave you if you were both happy before she left. As far as having her charged with kidnapping, it's not possible as she is the natural mother and unless you had some kind of legal document giving you sole custody which l doubt, she cannot be charged with kidnapping her own children. Not here anyway. It does not give her the right to take them out of the state though so l guess that goes in your favour. I understand that you would be upset about your children but in all honesty l would be more concerned about your marriage at the moment. Something just doesn't add up. You need to get to the bottom of this problem and quickly l think !!!! Good luck.
2006-11-26 21:39:56 · answer #2 · answered by kazzadanni 4 · 0⤊ 0⤋
If I left and went to my parents with my kids, and didn't come back,,, They live five states away,,, you can bet your behind my husband would come get the kids. Here in the state I live in when two people divorce, the custodial parent cannot move out of the state with the kids without the other spouses okay.
I would imagine what your wife did would be considered kidnapping. So go get your kids.
Everytime I go visit my parents, my mom insists I just don't go home. I have a lot of marital problems, have had for years. But somehow I cannot deprive my children of their father. That is not right. They are his kids just as much as they are mine.
They are not my mothers kids.
What your wife did is wrong, Go to Google and look up the laws in Arizona.
2006-11-26 21:22:41 · answer #3 · answered by :-) literary cappy 4 · 0⤊ 0⤋
Did she say never coming back, or just a prolonged break? Ask her if you need to come and see her. Tell her you don't understand because everything was fine when she left. Ask her if her parent are feeding her subconscious nonsense. Then sit down and look in the mirror to see if maybe she is right. If you left and were far away from you, would you come back to say how you treated her??? Are you inconsiderate, uncaring, leave her to take care of both babies alone using the fact that you "work" as an excuse. Because trust me, it didn't take only one person to make those babies, and it's gonna take more than one to care for and love them. Maybe there she is getting the support she's not getting from you. Only you know the real circumstances, so only you can decide what to do about it.
2006-11-26 21:19:32 · answer #4 · answered by Ofie 2 · 1⤊ 0⤋
She is their mother so she cannot kidnapp them. There must be more to this story A woman does not pack up the kids and go home to mom and dad if there is nothing wrong. Perhaps the very fact that you never noticed that anything is wrong is what is wrong. Have you been selfish, self centered, are you really listening to what she says to you? Do you do your share of helping out to care for those 6 month old twins? Do you treat her like a maid or a door mat? Look to your actions to see why she left you and make ammends. If you want her to come back you have got a lot of work to do buddy.
2006-11-26 21:22:32 · answer #5 · answered by CindyLu 7 · 1⤊ 0⤋
You need to see a lawyer immediately.
My suggestion would be to take some time off work and make your way to AZ to speak with her in person. Inform her that your issues aside, there is no way that she is going to keep you from your children and if she continues down this road you will have no other choice but to get the authorities involved.
2006-11-26 21:16:42 · answer #6 · answered by missapparition 4 · 0⤊ 1⤋
Protect yourself and consult an attorney about your rights. He will help you understand what you can and can't do in regards to the law. It is probably not kidnapping since you are married. Try to find out what she is unhappy with and offer to go to marriage counseling.If she won't talk to you then the attorney can help you to at least visit your children. If all else fails file for a divorce.
2006-11-26 21:16:00 · answer #7 · answered by wes41550 3 · 1⤊ 0⤋
You are the father and your both still legally married so yes you do have rights and there should be something you can do if she wont reason with you and come home then go talk to a lawyer and find out what you can do.
2006-11-26 21:33:00 · answer #8 · answered by 2wild4u 3 · 0⤊ 0⤋
Do not see a lawyer. It sounds like she is confused. If you talk to an attourney without trying to save your marriage it will get ugly and your kids will suffer for it!
Tell her to come home and work out your problems, your babies deserve a family, not a legal battle!
if she doesnt want o that is another story..but you should at least try and stay on good terms.
2006-11-26 21:22:49 · answer #9 · answered by 2shrrp4u 2 · 1⤊ 1⤋
Go to her and talk to her tell her you love her and that you will do everything you can to work things out with her, just to not to keep your precious babies s far away from you. tell her you cant fix the problem if you don't know what the problem is.find a way to set it up so that you guys don't have to be so far apart while you guys try to work through your problems. good luck i hope every thing works out.
P.S. she is their mother so she cannot be arrested for kidnapping.
2006-11-26 21:27:32 · answer #10 · answered by Thumbs down me now 6 · 0⤊ 0⤋