i was sorta told that i could take them as long as there is no open custody case which there isnt, am i gonna be told to come back and or am i gonna get in trouble??
2007-11-19 15:34:03 · 14 answers · asked by go away 2 in Family & Relationships ➔ Family
You need to find a lawyer specializing in family law to find out the exact statutes in your state. In some cases the father can block you from leaving the state or force you to return. Better to make sure your bases are covered before you make the move. Most lawyers worth their salt will do a free consult for you to at least be able to answer your questions in that regard. Good luck!
2007-11-19 15:37:50 · answer #1 · answered by ♀Redheaded Sunshine☼ 6 · 3⤊ 0⤋
You aren't saying much here. Does this man have a relationship with his children? Is he safe? If the answer is yes, you have no business moving them away from him. If you do I certainly hope he tries to get custody. If he is abusive, unsafe, etc. then I would seek the advice of an attorney before making an attempt, or just move and see what happens. He might not do anything. Good luck.
2007-11-19 15:39:09 · answer #2 · answered by oh_my_its_linda 4 · 1⤊ 0⤋
take the kids move don't tell anyone and then register your divorce or legal documents with the new state, if there are no restrictions the dad cannot force you to move back as long as you allow him his rights whatever they are. I know this from personal expierence. you might have to get a lawyer in the new state if he tries to have you move back, the state you move to will haves jurisdiction of the children unless the state you move from has open custody case or retains jurisdiction due to a no move order.
2007-11-19 16:47:04 · answer #3 · answered by gamafoo 4 · 0⤊ 0⤋
Well that depends on your state and you family situation. If you are divorced and you have no family there most judges won't make you move back however if you have family there and you just want to leave to get away from him then you will probubly be made to go back. If there is no divorce that gives him visitation then you are free to go and file the minute you get to your new state that way the divorce or visitation is started in your state not his.
2007-11-19 15:39:38 · answer #4 · answered by mickeybettyboop 3 · 2⤊ 0⤋
regrettably, considering you by no potential married and by no potential filed any paternity or custody orders with the courtroom, you're way at the back of the 8 ball. Legally, she will take the youngsters everywhere she needs to by way of fact she inherently has custody over them by potential of being their (unwed) mom. Did you sign affidavits while your toddlers have been born, pointing out which you're their father? if so, then you certainly are legally their father and it strengthens your case. If no longer, you could could petition the courts for an emergency paternity/custody order. in case you're already well-referred to as their criminal father, you will could report an emergency action with the courts to maintain her interior the county till you have a decide pay attention your case and be sure the custody/visitation affiliation. probability is, she would be in a position to be allowed to take the youngsters out of state, yet you would be granted visitation--on the whole interior the summertime and over the iciness holidays if she strikes too a techniques for month-to-month visits. As for the different guy abusing your toddlers, that is a Social centers situation. in case you antagonize your ex even better now, she ought to flee and make it even harder so you might win in courtroom. that is on the youngsters to checklist any abuse to a college counselor, and so on. to get an study opened. bypass down on your courthouse acceptable now and consult from the clerks to get the right place of work work going and get that action filed right this moment. good success to you.
2016-11-12 04:01:22 · answer #5 · answered by Erika 4 · 0⤊ 0⤋
Is he an evil monster?Or are you just pursuing selfish interest or just trying to hurt him by taking the kids away?
If they love their dad and he is good to them then you need to stay put and if you do move and he is a decent human being I hope the courts do make you move back, they CAN do that.Your kids come first not your love life or anything else.If he is dangerous have him locked up.
2007-11-19 15:45:44 · answer #6 · answered by Joe F 7 · 0⤊ 0⤋
As far as I know, as long as there isn't a custody battle going on, then you leaving with them, would just look like a parent taking their child with them likie on vacation or something. It wouldn't be seen as kidnapping, if you're husband or b/f is crazy though and you think he might come after you. I think you should go ahead and make a case on your own and get full custody of them and a restraining order on top of that if you wish.
2007-11-19 15:38:52 · answer #7 · answered by Jen1690 1 · 0⤊ 1⤋
follow gamafoo's advice, and you can easily wind up being charged with parental abduction.
the original state RETAINS juridiction, and you won't be able to register your papers with any other state, unless the original state relinquishes it.
Every state has different laws, and your only safe way is to talk to a lawyer FIRST.
2007-11-19 20:41:02 · answer #8 · answered by wendy c 7 · 0⤊ 0⤋
I think you need his permission to take the kids out of the state.
What about his right to visitation?
You could get into trouble.
2007-11-19 15:37:50 · answer #9 · answered by kiwi 7 · 1⤊ 0⤋
i would get a second opinion and maybe talk to a judge that works in family court about what you want to do.And if there is any laws that may stop you from moving.
2007-11-19 16:32:34 · answer #10 · answered by demonfirelife 4 · 0⤊ 0⤋