i left the state with my kids fleeing abuse from x husband.i had been ordered not to leave without the courts or fathers permission.can he get full custody without me being there because of that?
2007-07-07 12:02:06 · 10 answers · asked by healthnut05 1 in Family & Relationships ➔ Marriage & Divorce
Yes, he can. If the abuse was against you and not having anything to do with physically abusing the children, the he has every right to full access to them and you just pretty much broke the law by willfully disregarding a court order. If you do not return immediately, the court could put you in contempt and have you put in jail.
The court WILL grant him emergency custody since you have just proven you are willfully trying to keep him from the kids...and you are going to have a hell of a time getting it back, as the court will not trust you. If he has been given custody, then you will at best, have supervised visitation until such time as the court deems you responsible to co-parent.
not to be harsh, but that was a very dumb move on your part.
2007-07-07 12:18:36 · answer #1 · answered by allrightythen 7 · 0⤊ 0⤋
what you did is called kidnapping. Even if you are the custodial parent at the time , Your minor children are a ward of the court. & crossing state lines with out permission from the court is agianst the law. It's up to the courts on what is going to happen from here on out. It would be in your best interest to hire a lawyer.
2007-07-07 12:24:26 · answer #2 · answered by justaskme 3 · 0⤊ 0⤋
yes he can because you left without the courts permision and his. You should had let the court know that you were being abuse and they would had protected you and your kids. I really wish you the best of luck and just hope that you get a judge that is very understanding of your situation, that helps sometimes.
2007-07-07 12:13:57 · answer #3 · answered by tapatia_30 2 · 0⤊ 0⤋
you had been ordered not to leave without the courts or fathers permission. you can get in trouble for doing it but i don't know if he can take them. i think he would have to prove you to be a unfit mom. you should have reported his abuse to the police so it would be on file for the courts to see.
2007-07-07 12:10:25 · answer #4 · answered by Kathy 4 · 0⤊ 0⤋
unfortunately he can unless you can prove abuse and then you may still be introuble for leaving unless he was trying to do something to you or the children when you left. The burden of proof is solely on you
2007-07-07 12:18:46 · answer #5 · answered by toofavorable 3 · 0⤊ 0⤋
did you report his abuse to the police? you needed to do that at the time... meanwhile, you can still file a report in the town where he lives.
you probably need legal advice with this problem, hon.
take care of you. hugs
2007-07-07 12:05:46 · answer #6 · answered by letterstoheather 7 · 0⤊ 0⤋
It depends on what state you are in, so I can't answer that, I would consult an attorney with that one.
2007-07-07 12:05:53 · answer #7 · answered by Lostinhiseyes 2 · 0⤊ 0⤋
yes or someone will be appt over them until the D issue is over
2007-07-07 12:09:01 · answer #8 · answered by kina 3 · 0⤊ 0⤋
yes he can
2007-07-07 12:34:29 · answer #9 · answered by G O 5 · 0⤊ 0⤋
good chance
2007-07-07 13:38:15 · answer #10 · answered by poodle mom 6 · 0⤊ 0⤋