She is afried to leave him, she wants to see her babies grow up. What rights does a mother have who is a stay at home mommy of 3. Has not been able to work outside the home due to husband work schedule, (he is never home, always traveling) How would the courts rule if she wanted to leave the state where they live? What rights does she have? Will she lose her babies do to not being the bread winner?
2007-01-07 16:56:17 · 16 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I've seen this tactic being used by many men. It's a scare tactic. I've also seen it as an excuse for women to stay. He's not going to be able to take the kids. Logic tells us that no judge would ever award custody to a man who, as you say, never home, always traveling. The judge will award her custody and a right sum to pay for the care of the children. Maybe a little bit of alimony until she can get on her feet. I'm sure she knows this already though. Maybe she just wants to stay where she is? If not, do your best to convince her to leave this dirtball. About the changing states bit, she will have to give him written notice that she is going to be relocating. He cannot bar her from moving where she wants.
2007-01-07 17:01:36 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First of all, your friend should have thought about this before marrying him if he was abusive or controlling. If he is abusing her, she needs to protect herself and her 3 kids.
She cannot leave the states because he has a right to see his kids. If she leaves without the courts knowing, authorities will get her for kidnapping.
If she can prove to the courts that her husband is abusive or controlling, or has threaten to take her kids away, she may have a case. I think he is just scarring her so she won't leave. She may want to consider on getting a good lawyer.
If he is a threat in the home, she should leave immediately for her and the kids safety to a nearest relative or friend and do call 911.
2007-01-08 01:08:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
She has more rights then she knows. Just because she isn't the bread winner don't mean she won't get her kids. And this is where alimony comes in also. Since she wasn't able to work because of him the judge will take that into consideration for the amount of alimony. If she is unhappy leave to make the kids happy as a child who wished her parents divorced early, DON'T STAY TO MAKE THE KIDS HAPPY. And be ready for everything he throws her way negative. So as a friend she is going to need alot of pep talks and outings.
2007-01-08 01:02:15 · answer #3 · answered by divinelady 2 · 0⤊ 0⤋
There's more to this story than what meets the eye.
What is your friend's husband doing to this woman that makes her want to feel the need to leave him in the first place? Does he hit her or the children in an abusive manner? Is he verbally abusive to her or their 3 children? Is he cheating on her?
If you answered yes to any of these samples of questions, she has more rights than you are both aware of.
If she is afraid he may harm her, she can take the children and go stay in a local women's shelter. The shelter staff will assist her in possibly filing a restraining order if necessary.
If she has no employment, it will be difficult to financially provide for her 3 children. In that case, if she has family, she would be best to take the children and go and stay with them till she can figure this all out. Remember she is entitled to child support.
Most courts tend to judge in favor of the mother keeping the children, unless it can be proven that she has a history of emotional problems or hospitalizations, if that be the case.
Have her talk to a professional first, before she does anything irrational.
I am not an expert, just someone who cares.
Good luck.
2007-01-08 01:11:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Absolutely not!! That will never happen, unless he has solid proof that she abuses drugs, has hurt her children (and I'm talking hardcore abuse like burning them with an iron, not spanking) or has neglected them severley. The courts WILL NOT give him the kids because he makes the money. And it is very rare for a male to gain full custody of his kids. This guy sounds like a real a**hole to be using his kids against her like that. The laws protect children, and offer single women welfare if they cannot provide. Not saying your friend should get on it forever, but if that's what it takes for her to get on her own two feet before she can find a job, then this is anoptoin many women have. The thing is many women don't think about what can happen if their relationship fails, what are they going to do. Tell your friend to bestrong and not to ever let this guy intimidate her. She can go to DPSS (department of social services) for help if she needs it. She can also make him pay child support if it comes down to it.
2007-01-08 01:06:51 · answer #5 · answered by Rock, Paper, Scissors 7 · 0⤊ 0⤋
Most states prefer that a child be with his mom Unless he can prove her to be unfit she has nothing to worry about besides he would have to provide them with a stable home life they will not give him custody if he is never at home. Tell your friend to leave she has already won the battle. Plus she has been a stay at home mom which means that kids have spent there lives 24/7 with her they will not take that away from the kids. Good luck
2007-01-08 01:00:48 · answer #6 · answered by Sherman 2 · 1⤊ 0⤋
Men use this scare tactic all of the time. If his job requires him to travel then she has the perfect opportunity to take the kids and leave him. She must go to a lawyer right away to establish custody of the children.If the Father is always away on business then he won't be a good candidate for custody of the kids. She should call his bluff.
2007-01-08 01:03:10 · answer #7 · answered by Pamela V 7 · 0⤊ 0⤋
have you ever heard the song Goodbye Earl by the Dixie Chicks? Thats the first thing that came to mind..
So most likely wont loose her kids...because she is the mother of the kids. Usually the mother takes custody if thats what shes wanting to do, which it surely does. but its also up to the kids...who they want to live with. This is all if the parents spilt of course. Tell your friend to make a choice...move on. Split with her harassing husband or stay and live a crappy life his way. Tell her to choose.
2007-01-08 01:01:08 · answer #8 · answered by Anonymous · 1⤊ 0⤋
She needs to talk to a lawyer as each state seems to be different with decisions. I know in the state of indiana if you take your children more than 100 miles away from the bio dad you can get taken to court by the bio dad. More than 100 miles away and you have to go thru the court in order for it to be "ok"............
There are lots of sites out there that may be able to help answer her (your) questions.......
2007-01-08 00:59:18 · answer #9 · answered by jst_lv_me_alone 2 · 1⤊ 0⤋
When children are growing up it's best they have a fatherly figure that is a good example .
Your friend should get a lawyer to divorce them & if he continues to threaten , go to court to get a restraining order .
The quicker your friend gets rid of the bad example safely , and starts dating nicer men, the better chance the kids will grow up better .
2007-01-08 01:00:58 · answer #10 · answered by susan 2 · 1⤊ 0⤋