My ex-husband and I divorced five years ago. We got back together, never remarried though, and had our second child. I am leaving him again because he is back with his addictive ways. I have 100% legal and physical custody of our first child. Now do I have to apply and win a custody battle of our second child? Is it okay to leave and take both daughters with me legally because I am not married to him? Does the old custody agreement with our first child still apply? I have to leave suddenly because he has a problem, but am planning on leaving a phone number. Do I have to tell him where we live?
2007-02-13 15:16:35 · 9 answers · asked by sadmom 2 in Family & Relationships ➔ Marriage & Divorce
Speak to a Family Law attorney concerning this very serious and sensitive subject. You don't want to get lay advice from the Internet and use it to make critical decisions.
However; if you are in any danger or fear for your safety and that of your children, yes.....find safe haven and leave. Continue to follow up with the advice of a Family Law professional as advised, and don't leave anything left to chance. If you do things properly and not on impulse, you will prevail.
God's Speed!
2007-02-13 15:29:01 · answer #1 · answered by The Sylvan Wizard 5 · 0⤊ 0⤋
You still have full legal/physical custody of your first daughter unless the court changes that--which they have not. You Have full legal/custody of your second daughter because you were a single woman whom gave birth to her--even if he on the birth certificate does not matter he would have to file for custody--which he would never win anyhow unless you were totally unfit. No you do not have to tell him where you live. If he has parental rights for visitation you can set up a secure place--like the police department to exchange the girls.
Read the prior posts but if you have full legal/physical custody of your first girl you can take her wherever you want and as for the second--if you are an unmarried woman when you have a child--you have all the rights--you can do what you please--you have all the say on whatever--when he did not marry you again he gave up all rights--he is nothing in the legal system.
2007-02-13 23:36:54 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If YOU feel there is DANGER that changes everything.... leaving with the kids should be NO problem if you feel their lives may be in danger or in jepordy.... and I do not think the custody of the 1st child will change, however, child #2 will have to be decided as a seperate issue, but there should be no problem.... move out, with out telling him where, IF you feel , like I said danger lurking, but see a lawyer ASAP !!! the kids are the #1 issue here...... God bless
2007-02-13 23:23:00 · answer #3 · answered by Annie 7 · 3⤊ 0⤋
your first order of custody works still, but you do need to get a second for your second or have it added in. you don't need to tell him where you live but don't go to far or out of the state or country because you don't have full custody as of yet with your second child.
2007-02-13 23:21:27 · answer #4 · answered by Anonymous · 2⤊ 0⤋
It really depends. If he is endangering the safety of you and your children, then it is definitely fine for you to just go with both the kids and never tell him where you are located. But if it is just some differences/misunderstandings between you and him, then it wouldn't be fair for you to take his kids and just vanish... with out a trace...
2007-02-13 23:32:07 · answer #5 · answered by BE HAPPY! 4 · 1⤊ 0⤋
YES! That is his child and he can say whatever he wants to in court regardless..you can leave but leave a number of family.
2007-02-13 23:28:35 · answer #6 · answered by sugardaddysgirl 2 · 0⤊ 0⤋
Consult a lawyer, you don't want to be like the "Myriam Bédard". You will be all over the TV.
2007-02-13 23:21:05 · answer #7 · answered by Paul 4 · 2⤊ 0⤋
Good Luck
Best advice i can give is call a attorney for advice.
2007-02-13 23:22:01 · answer #8 · answered by Sophi C 1 · 1⤊ 0⤋
i am not sure but if hes is scaring you get gone and then get lawyer and start stuff on him and keep him away.
2007-02-17 21:35:35 · answer #9 · answered by Anonymous · 0⤊ 0⤋