hello,
i'm in a middle of a separation/divorce with the husband. i've been threatened that i would not be able to go to california to visit my parents with the girls without his blessings or it'll be illegal and i might get in trouble with the law. he's already keeping me here because i wont abandon my kids and i don't want to be charge with kidnapping. -_-.. i don't know much about it except for what he has told me. does anyone know if he can do this to me? thanks!~ i need support because i want to go in june to have mutal support from my family and friends. thanks!
2007-05-04 10:26:13 · 14 answers · asked by lady free 1 in Family & Relationships ➔ Marriage & Divorce
Have divorce papers actually been filed? If not, and you are just living separately...then yes..you can take the kids and go to California....you could even stay there if no papers have been filed....and if you get a job and enroll the kids in school, he'll have to go there to file and fight for custody! But don't take his word for anything.....check out this website
http://www.findlaw.com click on family law and then the state you want. It has a lot of information on these lines....as the laws in each state do vary!
On the other hand if either of you have already filed divorce papers then it will depend on what the temporary custody agreement is. If you have something in writing that states he gets the kids on certains days and you have them certain days, then you will have to have them back for him to see them by his scheduled visitation day.....so you can take them in most states UNLESS there is a clause that states you cannot!
2007-05-04 10:42:19 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Unless there is a court order saying you can't take the girls out of the state, you can. It's not like you are moving there, although you probably should, you are just going for a visit. Unless there is a custody order, you can't kidnap your own kids. Write him a letter telling him you are taking the girls to California for two weeks or however long you'll be gone and mail it the same day you leave. Then you be able to say he was notified if he tries anything. He is just trying to control you and make you miserable. Do you have a lawyer? You need to get one soon if you don't. It sounds like he is going to be as nasty as possible in this thing, and you need someone knowledgeable on your side.
2007-05-04 17:34:34 · answer #2 · answered by e_imommy 5 · 0⤊ 0⤋
You really need to check with your lawyer on this. That's why having counsel is so important. If you don't have a separate attorney, get one and find out what you are able or not able to do with your children through the proceedings. I'm sure that your family and friends are supporting you regardless of whether you are physically there so if you can't, they can call and e-mail you as well.
2007-05-04 17:38:51 · answer #3 · answered by dawnb 7 · 0⤊ 0⤋
As long as your not moving and just on vacation there isn't a thing your husband can do being that you have the kids . I would go as far as to talk to the local police and give them your name and tell them whats going on and that your going on vacation to see your parents the only reason i would do that is because people kind of lose there heads during a divorce and he may lie to the police and tell them that you kidnapped them . For some reason people lie allot during a divorce it all has to do with a broken heart .
2007-05-04 17:47:56 · answer #4 · answered by dad 6 · 0⤊ 0⤋
Ok listen up if there is nothing in writing from the court those kids are yours also pack your bags and get your kids together and leave when you get to cali see a lawyer and file for custody you can go where you want as long as nothing has been files with the courts
2007-05-04 17:47:26 · answer #5 · answered by Mary O 6 · 0⤊ 0⤋
Make sure before you go you get a judge to approve your trip. You dont want to have any problems when you get back. If you are already in process, you can contact the attending judge or lawyer.
Good luck to you. Thank goodness you are getting a divorce. He sounds like a jerk if he would threaten you with this.
2007-05-04 17:32:49 · answer #6 · answered by Spanglish Teacher 3 · 0⤊ 0⤋
Your husband sounds really controlling and I would not be asking him what the rules are! He is lying to you. You need to ask your lawyer. If you don't have your own, GET ONE. You don't need money right away. Go get a free 30 minute consultation or call Legal Aid and get help for free or on a sliding scale.
2007-05-04 18:25:24 · answer #7 · answered by Wiser1 6 · 0⤊ 0⤋
If you're in the middle of a divorce I am assuming you have your own lawyer. DON"T, repeat, DON"T have the same lawyer as your husband no matter what he is telling you. Anyway this is something your lawyer can advise you on.
2007-05-04 17:32:30 · answer #8 · answered by Anonymous · 0⤊ 0⤋
talk to your lawyer or call the county courthoue and speak with a court clerk, she can pull your file up and see if you have resritctions. if not notify the lawyer and courthouse in writing and keep a copy for yourself and have it notirized of teh days you will be out of town. also give your husband a copy. that way they can not say you are trying to kidnapp your children.
2007-05-04 17:50:58 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You need to get in touch with a solicitor, and get custody of your kids, i had to do this when my older children were young, seek some legal advice, hes being unreasonable, was it your husband who threatened you? thats classed as unreasonable behavior here in england , dont let this man think he can stop you doing anything, please go and get yourself some legal advice as soon as possible.
2007-05-04 17:39:58 · answer #10 · answered by TRIKER CHICK 3 · 0⤊ 0⤋