i want to see my parents, but i fear he will call the Amber Alert on me, so do i have a legal right to travel/ visit family out of state with our son?
2007-05-14 07:12:36 · 16 answers · asked by ellynature 1 in Politics & Government ➔ Law & Ethics
i'm still married to him, we are not separated.
2007-05-14 07:23:37 · update #1
You say husband..... so you are together and he is mad about something or fears that you won't come back? If so you have the legal right to go where you wish.
If you are seperated and not yet divorced..... if there are no legal papers of seperation stating that you can not go out of state you may go where you wish as you are techinically still married.
If you are divorced and have custody you still have the right to go on a trip. As long as you come back. But whatever the case for your husband to make any issue with this would require proof, charges, court dates and serious money for a lawyer.
Divorced, seperated or in the process this would actually help your case in so many ways if he pulls something. No matter what the situation you should be divorced as this is silly.
If you inform him of where you are going. Tell your job where you are going if you have one. Tell a neighbor or send him an itinerary by certified mail if you have to..... then you will have no issue.
Whatever the case if he called Amber Alert he would have to prove that he had no idea where you were. Have him call you at your families house and that would be proof as to the fact that he knew where you were. If he calls somebody and says his child is missing....... he will be criminally charged and they will sue him for money spent on law enforcement looking for your child. Usually hundreds of thousands of dollars.
So a lot of this depends on your situation.
2007-05-14 07:34:01 · answer #1 · answered by jackson 7 · 0⤊ 0⤋
He can be charged with kidnapping if he leaves the state and takes the baby without permission. If he is abusive I would get a temporary restraining order with temp custody on the grounds that he has threatened to take the baby out of state. You need to state that you fear you will never see your baby again. Restraining orders are free and the custody order goes along with it. I know this because this is what I do for a living. If he does take that baby its hard to get the baby back, but it can be done. As soon as you get the order if he does go before then, contact your local District Attorney's office and child abduction unit. Move quickly and let your husband know that you mean business! Good luck. No judge will take away a brand new nursing baby from its mother unless you are totally unfit and that has to be proven first. They will grant you the restaining order because he is abusive.
2016-05-17 23:55:31 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Yes, you have the right. Only a court order after divorce could change that.
That being said, there is nothing to stop anyone from starting an Amber Alert or kidnapping claim.
The kidnapping takes a little while to get going, so it depends on the length of the trip. As for the Amber Alert, I dont know exactly how it works, maybe you could contact them to find out, and try to preempt it.
2007-05-14 07:26:50 · answer #3 · answered by Simon H 3 · 0⤊ 0⤋
You have a legal right to travel anywhere you wish with your child unless some sort of custody orders are in place to prevent it. Why would you not tell your husband? Seems to me that there is more to this that you are not telling us. Thanks for the additional info. Yes you can go with no legal problems. You can not be charged with kidnapping as you have legal custody. Your husband is free to file charges, but once it is found that you are married and in fact the parent, nothing will come of it. If I were you, I would worry about my relationship with my spouse. If all is well, this is a question that needs not be asked. I would seriously consider getting out of a bad relationship and further exposing my child to the trauma that a controlling situation can lead to. Good luck to you.
2007-05-14 07:16:10 · answer #4 · answered by JAY O 5 · 2⤊ 0⤋
It depends on whether you have some custody agreement.
If there is no custody agreement, I would let him know where you've gone, when you will return, and an emergency phone number while you are there.
If there is no custody agreement in place, most states believe that both parties have equal rights to the child.
When my friend and her husband were separated, she took her daughter across country against the will of her husband, and he was not able to do anything about it, and he tried!
The police would ask questions before they just issued an alert....they don't take that stuff lightly! He would have to produce court papers, he can't just have them arrest you because you aren't obeying him!!
Good luck!!
2007-05-14 07:21:15 · answer #5 · answered by sacanda_trina 4 · 0⤊ 0⤋
If you are not divorced and have custody of the child that you will travling with then yes you can fly some where you could even leave the country.
I would let your husband know where you are going so he dosen't call an Amber Alert.
If you are in a relationship that he won't allow you and your child to leave without his permission then maybe it's time to leave him and start the process of a divorce.
Best of luck to you hope you get to go see your parents.
2007-05-14 07:17:42 · answer #6 · answered by Jessica H 4 · 0⤊ 0⤋
If you're still married, I think that each parent has the right to take the child out of state temporarily. If you are separated or divorced, however, you can't normally take the child out of the state without consent of the other parent unless you have a court order allowing you to do so.
2007-05-14 07:18:54 · answer #7 · answered by John W 3 · 0⤊ 0⤋
Well, common sense says that you would tell him that you are going to visit relatives. You didn't indicate whether you are seperated, etc. If you are separated, then there is no particular reason to inform him as long as you are planning on coming back, and won't be gone very long.
If you are planning on moving out of state, then there are laws which govern that, and you would need to consult an attorney licensed in your state to give you information on the rules for that. For a referral, contact your local or state bar association.
2007-05-14 07:18:59 · answer #8 · answered by Phil R 5 · 1⤊ 0⤋
You do have a legal right to visit, but if he holds some anomosity against you for whatever reason, he may not give you permission. But it's just a visit. You're coming back. And if he's your HUSBAND, than he has absolutely NO right to hold you at your home when you want to visit your family. If he does, he's an awful person.
2007-05-14 07:16:55 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Sounds like you have much bigger problems than a trip out of state. Are you that scared of him? If so then you need to seek shelter for you and your child. If he is that much of a control freak then you already know you are in a dangerous situation. Call a shelter for advice.
You may need to make that trip for good and not turn back. But notify authorities first.
2007-05-14 07:18:20 · answer #10 · answered by Moose 5 · 0⤊ 0⤋