State of Missouri--My fiance is divorced and has temporary full custody of his kids who he has had since separation. He has already gone to court for the full and permanant order of custody. His ex gets supervised visits on Sundays but doesnt take them. Is it legal to leave the state with the children? Can they charge him with kidnapping or just ask him to return?
I am asked because we have been wanting to move and have actually tried. We are currently staying in Alabama working now, to set up the household and the children are staying with his parents. The problem is, his parents are trying to prevent us from moving because they feel it would "mentally" hurt them to move away from their grandparents at such an early age (3-2yrs old)
This is malarky.
They have parentally alienated him from his kids and told them there father was bad for moving at that they arent allowed to see him. They wont speak to him. The grandparents actually went to a lawyer to to try and take the kids. Help?
2007-10-04 10:48:54 · 15 answers · asked by Needsto_getaway 1 in Family & Relationships ➔ Family
If she only has supervised visits there must have been a reason that He was given full custody. He needs to go back to the court which has jurisdiction and ask permission to move out of state with the children because of his job. The only way the grandparents would be able to get the children would be if they could show that he was an unfit father.
Perhaps something can be worked out that the children spend a certain amount of time with the grandparents and the rest with you - one week a month for example. at least unti they are in school and then perhaps a week or so during the summer.
2007-10-04 11:00:08 · answer #1 · answered by Al B 7 · 0⤊ 0⤋
This depends on the laws of the state that is handling the custody case.
In Missouri you must have the courts permission to move out of the state. A friend of mine was divorced, she had custody but needed to get the courts permission to move back home to Washington.
In Washington, you don't need permission. The person with legal physical custody can move if they want to. I went through this issue in Washington.
My sister on the hand... her then husband had his kids for a summer visit for a month. After three months he had a job offer in Colorado and moved. The FBI showed up, took his kids from school and arrested him for kidnapping. I don't believe anything came of it because the mother was a no show & no contact for the entire 3 months.
Best to becareful, check the laws, ask your lawyer or write a letter to your judge.
2007-10-04 17:58:56 · answer #2 · answered by mdesertbound 3 · 0⤊ 0⤋
I'm betting that as long as your fiance can prove that he provides a stable and caring home for his kids, the grandparents won't have a shot in hell as getting custody to themselves.
As far as the issue with the ex goes, your fiance would have to get permission from the Courts to move out of state. If he goes to Court and explains that the kids' mom doesn't use her visitation rights as it is, the Judge will probably go along with it.
2007-10-04 17:55:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would go get the children IF he still has custody of them. I say IF because the grandparents may have custody of them on him abandoning them. Yes if you left those kids and moved out of state and it has been longer than 30 days he can be charged with abandonment. You need to check and make sure he still has custody and go get them. If he does not you need to go back and fight for those kids. It sounds to me like MOVING should have stayed in the back ground or you should have taken them with you when you went.
2007-10-04 18:07:47 · answer #4 · answered by soulmate_n_nc 3 · 0⤊ 0⤋
With temporary custody you need the courts permission to move the kids. If you do not go about this move legally it may hurt his chances to gain permanent custody. Just because the mother does not see the kids right now, you have no right to shut her out of their lives. It will come back to haunt you. Good luck
2007-10-04 17:56:48 · answer #5 · answered by canam 7 · 0⤊ 0⤋
Why are you leaving these kids with those crazy people? How do you know they aren't sneaking around your back trying to get custody of them while you're away, saying that you've alienated them? I cannot imagine ever leaving my child behind to go play footsie in Alabama and "set up house". Do the right thing for those kids and stay put wherever they are, and get a legal release to leave the state with them. For gosh sakes, get them away from these brainwashing grandparents! Hello!!!!!
2007-10-04 17:53:05 · answer #6 · answered by Aiden 6 · 0⤊ 0⤋
You guys need a lawyer. That's a very convoluted situation. I live in Missouri, and I know some of the laws, but with so many people arguing custody and visitation, anything you do could hurt your case if you don't get actual, factual information from somebody with thorough knowledge of the law. :/ Sorry.
2007-10-04 17:53:20 · answer #7 · answered by gilgamesh 6 · 0⤊ 0⤋
You and your husband should seek a lawyer and go over the terms of the custody agreement. From my understanding if he has full custody then yes he can move, I think he just has to tell his ex wife.
2007-10-04 17:52:51 · answer #8 · answered by ReRe 3 · 0⤊ 0⤋
I would wait until he has full permanent custody. I dont believe with temp. custody you can leave the state, atleast where I am from. Stay put or he could be charged and completely loose custody too.
2007-10-04 17:52:34 · answer #9 · answered by Anonymous · 0⤊ 0⤋
no you can not kidnap your own children. feel free to come and go as you wish.
and I will tell you you can check with the authorities to confirm this. they will tell you the same
if he has custody then he can do as he wishes with his kids. the grandparents can seek what is called grandparents rights, but that is only for visitation.
if they are keeping his children from him, or threatening to, they can be held for kidnaping though. but only if he presses charges.
it makes no dif who the children have been staying with.
2007-10-04 17:52:42 · answer #10 · answered by USMCstingray 7 · 0⤊ 0⤋