I was thinking of moving away to another state I live in Pa, and want to move to Mi,
I want to take my children with me because I don’t feel they are in a safe imvorment.
Me and my wife are still married but separated neither one has custody of the children, I feel they are much safe with me. My wife has a new partner now that has been incarcerated for a FD Battery. Since there isn’t any custody order and we are not Divorce
Can I make this move, with out any problems with the law being involved?
2006-12-04 09:35:40 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
In most states, no. The best thing to do is seek advice of an attorney BEFORE you try and take the kids out of state. If your wife will give you permission, get it in WRITING BEFORE you leave the state with the kids.
2006-12-04 09:40:14 · answer #1 · answered by Starla_C 7 · 0⤊ 1⤋
Since you said you live in PA, I listed some websites I found relating to family law issues there. You said you and your wife are separated and she already has a new boyfriend that is an unsavory character. Well, a question to you is why haven't you filed for divorce, especially since you want your children to be in a safer place? As the other posters said you should definitely talk to an attorney or legal advocate as soon as possible.
Hope this helps!
2006-12-04 10:47:36 · answer #2 · answered by CJ 3 · 0⤊ 0⤋
In my experience you will have to get the permission of the mother (or the court, if you can prove that the kids might be in some danger). You could be charged with kidnapping if you take the kids across state lines without the mother knowing.
Think how you would feel, if you found out that she was thinking the same thing, and you woke up some day to find your kids long gone. How would you feel? You have to love the kids more than you hate each other!!!!!
2006-12-04 09:43:59 · answer #3 · answered by littlemomma 4 · 0⤊ 0⤋
Depends on your state law. Most likely yes, you can move. They are your children... YOU CANNOT KIDNAP YOUR OWN KIDS! There is a thing called Custodial Interference, but one parent has to have court ordered custody in order to be charged with that. Read your state statutes to know for sure.
2006-12-08 07:56:43 · answer #4 · answered by aphrodite_ak 2 · 0⤊ 0⤋
No you cannot. You probably mean that both of you have joint custody. You cannot just take the kids and move out of state unless you have sole custody. You need to speak to the judge about this.
2006-12-04 09:45:09 · answer #5 · answered by Gypsy Girl 7 · 0⤊ 0⤋