i have a friend in alabama who has been married for 6 years her husband and her are going through a really bad time and she wants a divorce but he has told her that if she leaves he will get her arrested for kidnapping the kids ages 6 and 2 and that he will get temporary custody while she is in jail and she will never see them again, he is also threatening her through other people with basically raping her or forcefully having sex with her, is this right and what can she do to protect herself and the kids.
2007-11-29 02:56:36 · 9 answers · asked by lissa s 1 in Family & Relationships ➔ Marriage & Divorce
IN MOST STATES KID AUTOMATICALLY GO WITH THE WOMEN BEFORE THE DIVORCE. SINCE THOSE ARE YOUR KIDS YOU CANT BE ARRESTED FOR FOR KIDNAPPING. ALSO IF HES FORCING HER TO HAVE SEX WITH HIM, THAT'S RAPE AND HE CAN BE ARRESTED.
2007-11-29 03:02:38 · answer #1 · answered by BC21 3 · 1⤊ 0⤋
She can't just leave with the kids, she can call and have him removed from the house if she feels she and the kids are in danger, and have a restraining order put against him. Especially if he has hit her , or abuses her or the kids. As far as hear say which is through others it's useless. She needs a lawyer, not our advise. This is information I have experienced first hand myself. The one on the inside the house will usually stay in the house temporarilly. So if she's home and calls while he's at work, or out of the house it will be to her benefit. He can threaten her as much as he wants, but it's not that easy to take children from their mothers unless they are real poor excuses for being a mother. Good Luck remember taht laws change from state to state.
2007-11-29 11:14:44 · answer #2 · answered by mandm68 6 · 0⤊ 0⤋
Here is my opinion on the whole rape-marriage thing.
I think one can argue that in every marriage, there has been a rape or deviate sex occassion between a man and his wife. Some women say, I'm going to bed do whatever you have to do. SOme womensay, well I really don't want to but if you must... go ahead, some husbands get their wives drunk at parties purposely with the hopes whe will pass out when they get home and he will be able to have his way with her, (Yes I know many guys who do that one). Some guys use BJ's and sex as a barter system, Ok honey, if you want to take the check book and go shopping, youneed to do me a favor as well hmmmm. I guess all of those circumstances could be defined as rape and I'm sure all of you know someone who does them or has done them.
So like the guy above me said, if she isn't calling the police and reporting a real Ike Turner type rape, then as far as I'm concerned, that's called marriage.
2007-11-29 11:12:48 · answer #3 · answered by huckleberryjoe 3 · 0⤊ 1⤋
If there is no court order saying who has custody of the children...Your friend's husband is blowing smoke...He can't get her arrested for kidnapping her own children....She needs to go to the police if he is having other people rape her...that is against the law.....
2007-11-29 11:04:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
well, it's not really kidnapping if they are her kids. i would have her call the police and make a record of his threats and the entire situation. that way they are aware of what's going on. i don't think that she would get in trouble for "kidnapping" her own children when basically she is escaping abuse.
2007-11-29 11:01:41 · answer #5 · answered by redpeach_mi 7 · 1⤊ 0⤋
not kidnapping if they are her kids, lol! they have made a new law about this in recent years =) tell her to go for full custody and supervised visitation only because he is an unstable man... good luck! =) tell her to just leave this idiot =)
2007-11-29 11:04:23 · answer #6 · answered by elvlayarvvi fEisty wife and mom 6 · 0⤊ 0⤋
Rape, she should call the police.
Otherwise contact a lawyer, find out exactly what her rights are and get the hell out of there!
2007-11-29 11:00:49 · answer #7 · answered by gypsy g 7 · 1⤊ 0⤋
l have been led to belive that parental abduction is a felony in america, l take it you mean she is planning to do a runner. she needs to go to a womens shelter they will give her all the help,assistance and protection she needs.
2007-11-29 11:06:15 · answer #8 · answered by Sarah C 3 · 0⤊ 0⤋
Get an order of protection. Tell everyone what he has said, record it, be careful.
2007-11-29 11:00:42 · answer #9 · answered by cooter726 5 · 1⤊ 0⤋