What paper work if any to establish parental rights
2007-02-13 14:56:58 · 10 answers · asked by ulrichrcb 1 in Family & Relationships ➔ Marriage & Divorce
If you leave with the kids, he cannot file kidnapping charges. What he CAN do however is show up and take those kids out of school and you CAN'T do anything about it if there is no custody established. Establish custody the day you leave... file the paperwork FIRST!!!..... before he does. Go to your local courthouse and ask about family court papers for custody. You can file for emergency temporary custody pending a hearing.
Years ago, my ex husband decided one day I was unfit after almost a year of being separated. We had no custody established although he never made an effort to refute the fact that I had the kids with me. Then when he decided to take them the police told me that because we had no formal custody agreement they could do nothing because he was their Father. (he brought them back Sunday evening because he had no babysitter for when he went to work Monday morning.... no joke)
Good Luck.
2007-02-13 15:18:25 · answer #1 · answered by RaLoh 3 · 1⤊ 0⤋
My advice to you is to go to court and establish custody and visitation rights before moving to another town... Once this is establishes and worked out he cannot do anything as long as you are both abiding by what the court decides. Do not leave town without this being done or he may be able to press charges against you.
2007-02-13 15:08:57 · answer #2 · answered by Lady Hewitt 6 · 1⤊ 0⤋
You and your husband are nonetheless married. You both have 50/50 even as it includes custody. sure you could take the youngsters, and it would not be kidnapping, yet keep in mind he ought to do a similar element. when you're intense about leaving him, pass for your county clerks place of work and record for emergency toddler custody. which will guard you from him taking the youngsters, with out your understanding. you do not opt for a legal specialist for this. purely because he has an excellent artwork historic previous does no longer make him quantity one canidate for sole custody. no longer too many judges supply sole custody. you opt for actual custody. also maximum judges supply the mum actual custody for minor children, until eventually the mum is not worthy. So do not enable him intemidate you into questioning he would get custody. solid success
2016-11-27 21:53:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you can, please stay in the state where you are currently with the guy. Paperwork, please go to court, and on this paperwork, list yourself as having physical custody of the child(ren). get a Parenting Plan, fill it out, and get it served to the guy (by someone over 18-other than yourself), go to court and get it approved, and signed by a judge/or commissioner. Be prepared that the dad may want to oppose this parenting plan, so you may want to consult an attorney on this whole matter. Take care.
2007-02-13 15:15:30 · answer #4 · answered by SAK 6 · 1⤊ 0⤋
If you are not going too far and you tell him your new location and there is a reason to move there, you should do well as long as there is no current court order keeping you there. But call an attorney to be sure. Different states may have different rules.
Good luck
2007-02-13 15:05:14 · answer #5 · answered by Nort 6 · 1⤊ 0⤋
no not as long as you are the mother and the child lives with you. the parent the child lives with is the custodial parent until a court decided other wise. as long as you don't take the child away from the parent he or she has been living with it is all legal.
2007-02-13 15:19:07 · answer #6 · answered by jenn 1 · 0⤊ 0⤋
No he can not file kidnapping charges, but if you do this, he can have an easy way to sue you for custody...
2007-02-13 15:01:40 · answer #7 · answered by St.Jeb 4 · 1⤊ 0⤋
no- but don't take child out of state!!!! as long has he has info as to where child is and your lawyers also know-should b ok but check to be sure
2007-02-13 15:11:20 · answer #8 · answered by jewels_flamered 2 · 0⤊ 0⤋
Yes he can and he'd be within his rights to do so.
You need to talk to a lawyer and make sure it's the best thing for the child/ren.
2007-02-13 15:00:33 · answer #9 · answered by daljack -a girl 7 · 0⤊ 3⤋
if there is abuse and you need to get out of it take the children and find a lawyer and get help. legal aid is there foryou.
2007-02-17 13:34:37 · answer #10 · answered by Anonymous · 1⤊ 0⤋