I live in Florida.I am in a relationship with someone for 7 years.Weare not married but have 2 young children together.I need to know if i decide to leave him because of his physical and emotional abuse and i take the kids can i get arrested for kidnapping?If so then how can i legally leave him?I dont know if i need to confer with a lawyer or if i can just up and leave with no legal reprocutions.If anyone knows please let me know.Its well appreciated.
2007-01-08 00:49:38 · 21 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Get a lawyer. He is being an awful role-model for the kids. Do you want your daughter to think that is how her future husband should treat her?..... do you want your son to be "just like daddy"? I thought not!
If you don't have citizenship, and the kids are born in the USA, there might be a custody issue to be worked thru, but that's why there is stuff like legal aid.
Police officers, social workers, chaplains, and women's centers or shelters can all help you get in touch with the right resources.
Good Luck and God Bless
2007-01-08 00:59:35 · answer #1 · answered by bc_is_the_place_to_be 4 · 0⤊ 0⤋
Your not married.. so as long as there are no "legal" proceedings started, u can just as he can up and leave with the kids, u have just as many rights to the children as he does.. I went through the same thing in Wyoming, and moved to Florida, i called a lawyer, worried about the same things, and i was told as long as there were no legal papers in the works, that i could leave the state, but i was told to leave fast because if he got wind that i was leaving he could file to keep me in state till our daughter was 18.. her father was verbally and physically abusive and i had no family there, so i came back to Florida where i have family.. check with a lawyer to make sure that the state laws arent different but it is my understanding that if ur not married, that ur considered legal guardian of the children until a court says otherwise which gives u the right to leave unless court papers say other wise..
2007-01-08 09:10:20 · answer #2 · answered by brwneyedgrl 7 · 0⤊ 0⤋
I don't know where Willy G. is a police officer,but I do know that my husband is a police officer in florida and first you are not married to this man second you are the mother of the children and you have automatic custody and right's to the kid's..Take your kid's and leave neither you or your kid's need to be around an abusive man..Good luck and you are doing the right thing.One more thing to clerify a mother CANNOT be charged with kidnapping her own children unless they have been taken away from her custody....and another thing if you need help with this contact me like i said we are in florida as well and i can assist you further..
2007-01-08 09:20:12 · answer #3 · answered by Maureen B 5 · 0⤊ 0⤋
In most states as long as there is no visitation schedule either parent has the right to take their children anywhere they wish when ever they wish. For it to be kidnapping you would need to remove a person without permisson from there legal care giver (if a minor). Further more if you where to leave with your children and move to another state he would have to follow the rules governing that state not the state in which your boyfriend lives. You could also claim that the children weren't his which would force him to prove that they were with a paternity test. All of which would create a huge burden for him.
2007-01-08 09:03:14 · answer #4 · answered by dogma06281 3 · 0⤊ 0⤋
To my Knowledge no you can not be arrested for kidnapping for one reason the abuse you sould confer with a lawyer and leave both dont leave town stay with your parents or a friend but for the sake of yourself and the kids leave if u need protection call the police and file a report. the best advise i can give is get some help from a lawyer.and get out
2007-01-08 08:54:43 · answer #5 · answered by Deshawn M 2 · 1⤊ 0⤋
FL here as well. You can leave him, but to be safe I would not cross state lines. For several reasons. 1. you will want to eventually file for primary residential custody (that is what we call it here, and he will have visitation rights, unless you object to it based on his history. 2. You will want to file for child support. And if you go out of state that will only delay the process because you will have to establish residency, something that you have already done here in FL. Some states that takes 30 days but some states it takes much longer. If you have the money to consult an attorney I would recommend that, if you don't then sometimes legal aid is available. If he is abusing you document everything with police reports and pictures. Good luck to you.
L.
2007-01-08 13:16:49 · answer #6 · answered by tink3610 3 · 0⤊ 0⤋
In most states, you can leave a partner for any reason and take your kids with you. I would look into the laws there in FL concerning common law marriage. If your state recognizes this, you would probably want to consider filing for a divorce and custody of the kids. If they do not consider it, then I would advise you to seek out a family law attorney anyway on legally obtaining full custody of your children. Just be prepared to deal with everything that goes along with it.....fighting for child support and visitation. Good luck!
2007-01-08 08:55:16 · answer #7 · answered by swtz69drmz 5 · 1⤊ 0⤋
I know for a fact in MA anyway that if a child is born to unmarried parents the mother automatically has sole legal custody of them unless a legal custody agreement is drawn up. If you leave him and take your children he will have to take you to court to get custody or visitation. If he does nothing he gets nothing even if the children have his name. I researched this for my own situation and that is what I found but if it would make you feel better find a lawyer that offers a free consultation and make sure that is the case in your state.
2007-01-08 09:26:59 · answer #8 · answered by dorie0371 3 · 0⤊ 0⤋
Hey, i am in scotland, so I dont know rules to your country, but if he is violent towards you then you are doing the right thing by taking your children out of that situation.What good will do it them if you stay, even if he treats them well, they will see how he is with you and let me tell you, from past experince, from when i was a child, there is nothing worse than living in a house where there is a bad atmosphere.Here we have agencies like CITIZENS ADVICE BUREAU and we also get first half hour with any solicitor free, so, go and ask them your questions, get the info you need, and most of all, stay strong, and do what you have to do.and hey, if you ever need anyone to talk to, IM me.
2007-01-08 08:54:36 · answer #9 · answered by Andrea 2 · 1⤊ 0⤋
You can leave him, with the kids, and it's not kidnapping. If you're not married, it's not an issue. If he established paternity, then you must allow him visitation until you get a court order stating he can't visit. If paternity was never, legally, established, then that's one less worry you have. You should still get an attorney so that any required visitation is supervised! Good luck!
2007-01-08 09:02:17 · answer #10 · answered by grandm 6 · 0⤊ 0⤋