I am considering divorcing my husband of three years but i want to have a plan set up for later on.I have my own secret account that i put my old personal saving in and i have been taking out money from the allowance hubby gives me and putting that in their as well i had my father open the account.I signed a pre-nup before my hubby and i married so i wont be getting much money after the divorce aside from child support.I had an old friend from college see if she could find me a job even though i have not worked in 3 and half years.She found me a job in houston TX, at her companys sister firm.Only problem is i am living in NJ with my hubby.So if i seperate or divorce from my hubby and move to TX is it legal to take my daughter with me?
2007-01-06 12:39:22 · 11 answers · asked by Bella G 1 in Pregnancy & Parenting ➔ Parenting
have not made up my mind yet if i want to divorce but i always believe in a back up plan.I do not think my hubby would like me moving away with my daughter could i leagally do so?
2007-01-06 12:40:04 · update #1
I believe you can only take your daughter out of state if you have sole custody. But if you and your husband are granted joint I don't think you can. You should contact a family law lawyer first. The custody issue is not worked out until divorce is granted. I am pretty sure that if you attempt to take her without custody while separated you could be charged with kidnapping.
On a non legal issue do you really want to take your daughter so far away from her father? That is not fair to her. You are interfering with her relationship with him. You should make every attempt you can to find a job so she can her father on a weekly basis.
2007-01-06 12:51:26 · answer #1 · answered by butterflykisses427 5 · 0⤊ 0⤋
You may be fine doing that. Don't be suprised if your husband gets visitation and if you don't move fast enough he might get a Temporary Order to keep you in the state. It also depends on the terms of the pre-nup. That may prohibit you from taking a child or children from the state. Technically, you cannot kidnap your own children that you have custody of. You need to get a lawyer and ask these questions, that would be the best thing for you.
2007-01-06 13:02:08 · answer #2 · answered by Karen 4 · 0⤊ 0⤋
You need to get a legal seperation or start proceedings..... get a custody order & then get court permission. Or on the other hand.... you're married, you can leave, take your child & when time allows for residence, start proceedings in TX. It is not considered kidnapping before any proceedings, because you are married. (it just may not look too good)
My ex- husband thought he was going to try to be slick. He stole my kids when he came to visit us in WY. But because there were no papers filed yet, the sheriff/fbi could do nothing. He also hid them from me for two days in MI before I could get into court. I had to get an emergency custody order & got them back.
But you do need a plan.... & by ALL means DO WHATEVER YOU CAN TO MAKE YOUR CHILD FEEL SAFE & NOT BE IN THE MIDDLE.
Either way, I wish you the best of luck! Be strong & it will all work out. :)
YOU WILL NOT BE CHARGED WITH ANYTHING IF YOU TAKE YOUR DAUGHTER BEFORE ANY PAPERS ARE FILED. SINCE THERE IS NO ORDER FOR CUSTODY, NOTHING CAN BE FILED. I WOULD HAVE CHARGED MY EX IN A SECOND & MADE SURE HE WENT TO PRISON..... BUT INSTEAD I HAD TO SPEND $1,700 I IDN'T HAVE & HE STILL GETS TO SEE MY KIDS!!
2007-01-06 12:52:59 · answer #3 · answered by cowgirlkolbie 2 · 0⤊ 1⤋
No it is not legal. It is considered kidnapping regardless of the situation. U will have to go to court for custody rights and for a judges order. Why would u want to take your child away from her father anyways? thats kinda sad on her part..
2007-01-06 12:42:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
yes it is very illegal because the father has a right to see the baby too. you could get away with it for a while...until he takes you to court or when you go to divorce court.if he puts it in the papers that he does not want the child to leave the state without his permission also.. you cant do it because you are braking the agreement. and plus if he gets visitation rights.. how would you do this. i also think that it is not very healthy to be in a marriage with on foot out the door. why do you feel you need a 2nd plan? do you feel your marriage isnt going to last? you need tothink of the child too. he/she has a right to see his/her father and it would not be right for you to take him out of her/his life. i grew up without a father and i would wish a million times that i had a father... if only on the weekends. please think about your child above yourself.
2007-01-06 12:50:07 · answer #5 · answered by andrea f 1 · 1⤊ 0⤋
Actually if you leave before you get divorced and custody arrangements are NOT made, you can take her with you. Once you are divorced, you require his permission, even if you plan to visit out of state
2007-01-06 18:54:26 · answer #6 · answered by kitty_kat4602000 5 · 0⤊ 0⤋
Your husband can go to court and force you to return to NJ with the children. You legally cannot take the children to another state without notifying him and the court so that visitation can be figured out.
2007-01-06 15:08:02 · answer #7 · answered by elaeblue 7 · 0⤊ 0⤋
it all depends on what is in the paperwork. i there is no paperwork started, then you shouldn't be in violation of any law. i would check with you state laws before taking off any where. also if there is abuse involved either towards you or your child, your best bet is to leave asap
2007-01-06 12:48:34 · answer #8 · answered by mkshny_4eva 3 · 0⤊ 0⤋
You'll be charged with kidnapping.
-You'll loose custody of the child.
-Face 20 years atleast in prison...
2007-01-06 12:58:42 · answer #9 · answered by 13 year old girl 2 · 0⤊ 0⤋
You really should contact a LAWYER first.
Different states have different rules.
I sure don't want you to get in trouble and have him say you KIDNAPPED your children.
A judge will have to determine who will have custody of the children, not you.
2007-01-06 12:43:34 · answer #10 · answered by phamy76 4 · 2⤊ 1⤋