he wants to take my kids out of the country once he gets custody of them. but presently i have legal custody of my kids even though they stay with their father.
2007-07-24 11:35:40 · 8 answers · asked by amandakuniyilkatil 1 in Family & Relationships ➔ Marriage & Divorce
He can want all he wants. You have legal custody of your children and for him to get sole custody he has to prove you unfit. Taking them out of the country illegally is consider kidnapping.
2007-07-24 11:38:57 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If he has physical custody of them, it wouldn't be that hard to get legal custody. As far as leaving the country, he would have to get the courts permission, but depending on what country, if he just picks up and leaves, there may not be any real recourse. Yes it would be against the law, but once he is gone, what are you going to do? If you have legal custody, I would suggest getting them back under your roof. If you can't take care of them, then they may be better off with their dad.
Added:
As a side note, we just took my step son out of the country for a vacation. Nobody even asked us if we had his mom's permission (she has legal custody) to leave our country. They just wanted proof of our citizenship and sent us on our way.
2007-07-24 18:41:26 · answer #2 · answered by ? 6 · 0⤊ 0⤋
You have to give legal permission for him to take them out of the country. If you don't give permission, our country would consider that kidnapping! But, why are they living with their father while you have legal custody? Why don't you have your children?
2007-07-24 18:40:17 · answer #3 · answered by Bug's Mom 2 · 0⤊ 0⤋
If you have residental custody of your children I suggest you have them live with you. If they are living with him and he goes to have the custody order changed he will have no problem doing so since the already live with him. As far as taking them out of the country, you'd better check your divorce documents under the custody arrangement, if it doesn't state that he can't take them out of the country then he can do so. I suggest you talk with your lawyer ASAP
2007-07-25 00:33:26 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He can kidnap them, but to leave the country with them w/o your permission and w/o him having legal custody is illegal. But, what are you going to do once he is gone with them?
get them back from him now and talk to your attorney
2007-07-24 18:38:51 · answer #5 · answered by Lindsay G 4 · 0⤊ 0⤋
No, unless you give up your parental rights he can not legally take them out of the country without your permission.
2007-07-24 18:46:47 · answer #6 · answered by dixie8026 3 · 0⤊ 0⤋
People break the law all the time. If he wants to break the law and take them, that's his prerogative. I'm curious as to why they live with HIM, if you have supposedly have custody? Perhaps your not telling all there is to tell, eh?
2007-07-24 18:40:56 · answer #7 · answered by Ken 2 · 1⤊ 0⤋
Call your lawyer and tell them what is going on here.
2007-07-24 18:49:35 · answer #8 · answered by kim t 7 · 0⤊ 0⤋