My wife left me and took the baby with her to her mother's house.
What can I do legally?
Can she leave with my kid like that?
I'm trying to take a stand with her because she has become way too nasty towards me and I decided not to take her spoiled ways anymore and now she's gone.
I decided not to spoil my wife anymore and now she and I may never get back...I know that I have to take a stand though because if I don't she'll run my life and be a nag forever.
What do I do?
2007-02-09 13:36:44 · 16 answers · asked by airmandan10 2 in Family & Relationships ➔ Marriage & Divorce
Definately consult a lawyer immediately. You may want to consider filing an order of protection (a restraining order) against her. Paint the whole thing like she kidnapped the baby from you. It might not seem fair, but in truth that's what she did. She has wrongfully taken away your parental rights. The order will give you a serious advantage if you want to fight for custody. You can always drop the O.P. if you want.
2007-02-09 13:50:16 · answer #1 · answered by cy ko tic 4 · 1⤊ 2⤋
Yes, she can take the baby and do whatever she wants. Same as u can.
The best way to handle it, is to get a lawyer and start preceedings for visitation with the baby. That is only if you feel there is no chance for reconciliation.
I dont know how your marriage is, but if this is the first time she has left, then i wouldnt count on it being a permanent thing. Not yet anyway. If after you guys talk and are unable to reconcile, then ok, it looks like its gonna be what it is.
Do it all legally. Make all decisions in the best interest of the child and forget about your feelings toward her and vice versa. The child is whats important and should not have to suffer because of the two of you.
I hate your going through this. Sounds like u truly care about your child. Wish my ex did. Good luck to u.
2007-02-09 21:46:15 · answer #2 · answered by Truth Teller 5 · 1⤊ 0⤋
the legal mother or father can take the baby where they want the only time it's not legal is if only one parent has custody. As it is you both have custody either of you can take the child and not be charged with kidnapping. You need to file for visiting or custody if she is being unreasonable with visits and sharing the child. My sons dad took him for a day on a visit and would not let me pick him back up i had to call the cops they would not do anything because there was no legal order he was breaking no law. I had to fight him in court i now have full custody he gets visits.
2007-02-09 21:52:48 · answer #3 · answered by ally'smom 5 · 0⤊ 0⤋
First what do you consider spoiling, decent treatment.
2nd.. Is your name listed as the dad on the birth certificate.
You did not say weather the child is biologically yours or was born pre-wedding?
You said your kid. well it is hers also unless she is the step-mother.
No legal seperation or custody order. yes she can move out and take the baby.
You BOTH need to calm down and then if you can't work things out see a lawyer. But since she has moved and has physical custody do not try to take the child you could be charged with kidnapping depending on the state you are in.
at her moms and everyone knows it?
Besides lets consider the child here. Poor baby, last thing she needs to see is mom and dad acting like fools.
work it out.
we are talking about a little human being here, not a tv set.
2007-02-09 21:49:32 · answer #4 · answered by andreamarie 2 · 0⤊ 1⤋
Things like that happen all the time. Just try to be reasonable. Don't do anything drastic. If you do end up divorcing, there will be a legal battle for custody. If you call her once or twice asking for the kid in a non-threatining way, just saying you want to see it, you will look like a much better parent if and should the need arise.
2007-02-09 21:53:35 · answer #5 · answered by delacroix192 2 · 0⤊ 0⤋
If you think that things are over between you then you need to see a lawyer asap. But she might just be mad or seeing if she can get you to give in. You need to stand your ground but if you still want her don't start things going in a direction that you can't get back from. Give her and you a little time to cool off and then call her and try to have a rational discussion about everything and then decide what you need to do....although I would probably go ahead and have the numbers of a couple of lawyers if you need to go that route. Good luck!
2007-02-09 21:46:44 · answer #6 · answered by . 6 · 1⤊ 0⤋
She has every right to leave you and take the child. The only thing you can do is file for divorce.
2007-02-09 22:15:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
leagely nothing she has every right to leave and take the kids now if she gets nasty and files a restraing order on you it makes it very hard to see the kids. get a good lawyer
2007-02-09 21:43:01 · answer #8 · answered by tiny likes clams 3 · 2⤊ 0⤋
If you are not happy with her then file for a divorce or a seperation. Go to court for visitation rights for your baby. I would like to know her side to this story. Yes she can leave with the kid like that.
2007-02-09 21:41:19 · answer #9 · answered by Lady Hewitt 6 · 2⤊ 1⤋
why not call her and try to work things out? marriage is about compromise. give and take.
at this point she has every right to take the child and go.
if you think you will not get back together, the sooner you get legal proceedings started the sooner you will get visitation with your child.
2007-02-09 21:51:01 · answer #10 · answered by angel1 5 · 2⤊ 0⤋