... take our two sons and move to a different state (CA) without my consent? She keeps threatening to do this and I just want to know if she can do this legaly. If she can and does do this, is it legal for me to go retrieve my children and return to our home state? Is there any site that I can visit to research this?
2007-01-06 02:28:38 · 12 answers · asked by smbarz80 1 in Family & Relationships ➔ Marriage & Divorce
she has no legal right to do this. if there is no custody agreement by the court then she cant. you two would still both have legal custody and yes you can go get them. Sounds like your marriage is in trouble so, why dont you go file for divorce and ask for custody of the children, get temporary custody while the divorce is in progress.
2007-01-06 02:32:15 · answer #1 · answered by Anonymous · 0⤊ 1⤋
You can tell there are alot of opinions, what you need is legal advise. I can tell you this, from experience. It is NOT illegal for her to take your children out of state for ANY period of time if you do not have a custody order. I am assuming you do not since you are not divorced. It is also NOT illegal for you to retrieve your children. However, most states consider an individual a resident of that state or county after residing there for 90 days.
My suggestion is that you file for a legal seperation, the first hearing you will have will be a temporary custody hearing. At that point you can "geographically restrict" your children to the state, county, whatever.
If you do not get a custody order both of you can take them anywhere but custody is not established.
go to www.lawguru.com
2007-01-06 09:34:29 · answer #2 · answered by mommyoftwo 1 · 0⤊ 0⤋
Its not legal unless it is put in the separation or divorce paper. You can actually demand that she stay within a 50 mile radius IF the children where born in that county and have lived in that county a good portion of their lives. If they were raised in CA she has a better chance of being able to legally leave with them. It is not legal for you to go retrieve them. It is legal for you to take her to court to return to TN with your children or for you to move to CA where she may be. She can't legally do anything with your children w/o your consent unless you are not paying any support or have no or little contact with the boys. But if she up and leaves it will be hard to take her to court once shes gone. Tell her if she wants child support she needs to take you to court before she leaves; then maybe she won't be able to leave if you stipulate that in family court. As far as both of you having custody if there is no custody order in place; that is not true, no one has legal custody. If I thought I wanted those kids, I could take you to court for them, of coarse I wouldn't win-but you get what Im saying.
2007-01-06 02:37:59 · answer #3 · answered by HDGranny 4 · 0⤊ 0⤋
I wouldn't think she could just take them while the two of you are still married. Now if the divorce was final that would be a different story. If she has full physical custody then yes she can take them but you can go to court to delay it somehow. I'm not sure but I think the fact that you're still married can work in your favor. Call a lawyer. They will usually give free consultations over the phone. Call the sheriff department to see if that could be considered kidnapping.
2007-01-06 02:40:14 · answer #4 · answered by Georgia Girl 3 · 0⤊ 0⤋
Get a lawyer and get a custody order. This will set up visitation and custody giving you remedies if she moves. Until you have some kind of order she can move away. Look up custody issues on the net and do your research! Good luck.
2007-01-06 02:31:19 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I dont think that it is legal for her to just disappear one day. If she has a plan though she could do it legally. You need to find out if she has seen a lawyer yet. If she has then she has a plan and you need one too. She cant go without telling you where she is and letting you talk to your boys unless she has a protective order againist you.
2007-01-06 02:39:20 · answer #6 · answered by Miranda 2 · 0⤊ 0⤋
Technically, it is legal for her to do this, but on the same token it is also legal for you to retrieve them. If there is not custody order in place, you both have legal custody, therefore you both can pretty much do what you want until there is one.
2007-01-06 02:37:53 · answer #7 · answered by jeffandchristymoss@verizon.net 2 · 0⤊ 1⤋
You can go to court and force her to return to TN with your children. She cannot keep the children from you in that way.
2007-01-06 14:46:23 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Go to LegalZoom.com
Seems to me that you would be their legal parent/guardian & have some rights.
2007-01-06 02:32:19 · answer #9 · answered by Anonymous · 0⤊ 0⤋
no its not illegal. but you can get your sons back go fight for custody
2007-01-06 02:31:29 · answer #10 · answered by ! tiffy ! 3 · 0⤊ 0⤋