Can my husband take my kids out of state if I don't want him to?

Question

I left my husband because he has a drinking problem. I wanted things to work out when I left but instead he found another girl and now they are having a baby in a couple of months. He wants to take my kids for Christmas break but he lives in Ga and I live in Va. Can I stop him from taking them? We haven't filed for divorce(I don't have a lawyer). Do I have a right to say he can't take them? I don't mind him seeing them but I don't want my kids to be around him because he still drinks and I just don't want my daughters in that situatuion with his girlfriend.

Answer 1

Sadly, he can take them and not bring them back because there is no temporary custody order. Get to a lawyer and get that temporary custody order in place so he can't, and tell him he or he and his girlfriend can come to VA to see the kids for christmas. even if they take the girls to a hotel to do christmas without you, if they take them and leave, then and only then is it kidnapping.

Answer 2

Yes, tell him they are staying home with you. Until custody is in place you have every right to do so. Although it will probably cause hard feelings. The trick is not to let him get them, otherwise he has every right. But i totally agree with you, if drinkin is a problem, what better time of year for a lot of drinking to take place. Stand your ground, make sure your kids are safe. Should he threaten with a lawyer, ask that the lawyer call. If one does, make sure to ask the name again let the man have his say. Then tell him....I am informing you this call is being recorded, I also am informing you that my husband has a problem with alcohol and that this is the only reason i denie custody at this time. But if you wish to take full responsibility for the well being of my children while in their fathers custody, then i shall reconsider, all you have to do is repeat your name and state that you will take full responsibility for their well being from their pick to return date. If a letter is sent request the same in writing. Also remember until custody is settled, your husband does not have to return those kids! Possesion is still 9/10th of the law.

Answer 3

i like this. you're married to a guy who already thinks you're "disturbed". this is fairly damaging at this diploma. i don't supply you much desire, particularly once you're writing strangers for suggestion, and not chatting inclusive of your HUSBAND. This dating is doomed. end the soreness without postpone, or go through slowly for the subsequent 10 years. D-I-V-O-R-C-E playstation unlike lots of the posters right here, i don't think of it is your fault. This turn into not perceived as a topic early on - yet why do you should ought to alter to slot in with those stupid childrens? seem - you made a undesirable determination - takes place on a daily basis. deliver collectively your self-photograph, admit the blunders and detect a extra advantageous significant different. Why waste a while?

Answer 4

You need to have custody and visitation in writing to stop him. You can tell him that he can't see the kids, but that only hurts the kids. Once you have court decrees stating what can and can't be done, you won't have much of a say on it. You can stop him from taking the kids especially if you are concerned about them with him because of his drinking. You have the right to protect your kids from anyone and everyone that could harm them, including their father. The best thing is to get the court papers so you have something in writing. The courts may agree with you that he shouldn't have them unless they are supervised, but until you get that paperwork, it's up to you how you handle this.

Answer 5

Unfortunately because you have not yet filed for divorce or legal separation with a parenting plan..he has every right to be with the kids...i am going through a similar situation

Answer 6

If your stilled married he has full right to the kids since there is no custody agreement in place. If you didn't want this then you should have filed for divorce and custody since you didn't
your kind off up sh it creek without a paddle

Answer 7

Guess what...Since you haven't filed for a divorce yet, the kids are still considered half your and half his...So it would be really hard for you to stop him!

Take a dimes worth of free advise and don't try to keep your children away from their father (if they want to go.) Let them make up their own minds about his actions if you don't I promise they will grow up to resent you for it!

Answer 8

It's complicated since you are still legally married. But why not, he is after all their dad. And the fact that he wanted to do that means he still loves and cared for them. He deserve to see them. Let them go. He will appreciate it and maybe start paying up. Tell them to be careful and call if anything comes up. And tell them, anytime they want to come back just call and you will be there to take them back. You and your husband might not have a relationship anymore. But he still does with your daughters.

Answer 9

Until you have established legal and physical custody, he can do whatever he wants with his children. You don't have to physically let them go, but say they were visiting him and he all of a sudden took them there without asking your permission---there is nothing you can do about it because you are married and he is their father. File for divorce and get the ball rolling. You can set up temporary custody arrangements while the divorce is pending.

Answer 10

Since you're not divorced, he can legally take them somewhere out of the state. But if you want to get him back just call the cops and say you don't know where your kids are at and the father might have them but he never told you anything about leaving with them. That'll be sure to mess up his break.