I want to leave my husband to be with someone else. I live in nevada and want to leave and go to CA. Can I legally just walk out and take kids with me? i know if i file for divorce i can't leave the state until it is finalized and judge ok's it. I want to try to beat that so i can leave sooner. I'm not trying to keep kids away from their dad. he's not abusive or anything, the marriage just is over. I will go out of my way for kids to see dad when ever possible and for the whole summer if need be. I just don't want to wait a year or longer for the divorce to go thru and what if judge says no. Is there away to just leave and then file? any suggestions?
2007-07-09 07:53:39 · 13 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
you should seek a good marriage counsellor, one not paid by the state to help keep divorce rates up.
there are very few legitimate reasons for divorce, and it doesn't appear that you have a reason, other than infidelity, in which case it's your infidelity, and your husband should get full custody in that case.
2007-07-09 07:58:30 · answer #1 · answered by otis the brave (luke 22:36) 5 · 1⤊ 1⤋
Even if one parent files a police report, there are no grounds to secure an arrest as both parents, under law, have the same rights to the children until such time as a divorce action is filed. Now, you had better tell your 'FRIEND' that the minute he does file, the court CAN and most likely WILL order the return of the children. She can stay where she is, but if she doesn't return the children after such an order, then she WILL be arrested on a Federal Warrant for Parental kidnapping. Her best option is to leave but stay in the state and file immediately for a divorce.
2016-04-01 05:29:16 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You are leaving you husband for what...Someone you met on the Computer and is only a Fantasy. Fantasys can be Exciting , until reality hits you in the Face. If you just up and leave the State without seeing a Lawyer and having Separation Papers, you may end up Losing Any Custody of your Children. Is this what you want? If hes a good Father, he has as much right to his Kids as you do..Stop thinking of yourself, and think about Others..
2007-07-09 08:00:40 · answer #3 · answered by donna_honeycutt47 6 · 1⤊ 0⤋
I would speak with a lawyer. If you just up and leave the state and take the kids with you, that might be grounds for kidnapping charges. I'm not sure but at the very least it won't look good in divorce court. Seriously, if he's not abusive you can't just take the kids without speaking with him first. They're HIS kids, too.
2007-07-09 07:57:19 · answer #4 · answered by abbazoodafish 2 · 0⤊ 0⤋
Why don't you leave the kids, from the sounds of it your being selfish and only doing what is best for you anyway. You cheated on your husband, now your taking his kids away to be with another guy, you really need to look in the mirror and do some growing up. My suggestion, leave the kids and you take them for holiday's and the summer.
2007-07-09 07:58:09 · answer #5 · answered by Erin 2 · 4⤊ 0⤋
Depending on the laws in your state. Some states require the fathers permission before you leave the state with his children. I would consult a lawyer....you dont want to be charged with kidnapping and anything else that comes along.
2007-07-09 07:58:39 · answer #6 · answered by dirttrackgirl_77 5 · 0⤊ 0⤋
If you leave and take the kids then it will look real bad for you. It will look like you got your needs in mind and not the kids. If you file a temporary custody order and he agrees to let you leave then you can go but if you take off and they come after you it will be a feather in his cap to get the kids. I got my ex wife with that, she took off with the kids and the judge let her have it but good. If your other man loves you he will be patient and wait for you.
2007-07-09 07:58:11 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Well, why not just leave the kids with dad, then, if he's not abusive, if he's just as good a parent as you (or, perhaps, better)? Why should their relationship with each other be relegated to 'visiting' just so you can be happy in a new romantic relationship? Why not be fair and relegate your own relationship to 'just visiting' parent, instead? If that's OK for their relationship with him, then it must be OK for your relationship with them, too, right?
I don't know anything about how to do what you want to do legally. I do know that, as a mother, my responsibilities to my children's emotional health & well-being supercedes any personal romantic interests in my life.
2007-07-09 07:59:12 · answer #8 · answered by Maureen 7 · 2⤊ 0⤋
It sounds like you want to leave without discussing this with your husand. I think you need to consider what this is giong to do to your kids, rather than what is best for you at the moment. You said yourself that you are not trying to keep him away from the kids and that he isn't abusive. It sounds like you have your mind made up and you're going to move anyway. So my advice is for you to put your kids first and don't run off to be with someone who is a stranger to them and take them from their father.
2007-07-09 08:09:09 · answer #9 · answered by Princess Sophia 2 · 2⤊ 0⤋
definately speak to a lawyer.. if you take them out of state without his knowledge it could be considered kidnapping... especially since you have posted a question asking about it ...
2007-07-09 08:00:23 · answer #10 · answered by swoop 2 · 1⤊ 0⤋