my wife probably isn't coming back home and she has my son. I only agreed to her going to visit family for a month with our son so we can have space. The month is over and we're going on 1 1/2 months. We aren't legally seperated, but I heard something like if she took my son without me agreeing to it, she could get in trouble. I know she won't be coming home within the next 1 1/2 months. Is there anything in the law that is against it?
2007-12-05 09:09:06 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
don't mean to be rude, but i can't believe someone asked me why would it matter if i saw my son. evidently they don't have a child.
2007-12-05 09:22:07 · update #1
and remember i only said i agreed to ONE (1) month.
2007-12-05 09:23:18 · update #2
Laws vary depending on the state that you live in, but the bottom line is you really should get an attorney.
You may loose your son forever if you don't get aggressive and use every legal means that you have now.
My son is going through the same issue now, he got a lawyer at my insistence and guess what, he has full legal and residential custody of his two children. If she leaves, she looses.
good luck
2007-12-05 09:17:45 · answer #1 · answered by Perplexed 5 · 0⤊ 0⤋
It isn't against the law, because you are cognizant of where your son is. She is the mother of your child. The only way she can get in trouble is if she left the state with him and you didn't know where she was. If you are worried, consult a lawyer for advice. It depends on what your 'custody' agreement is whether or not that would make a difference. Why would it matter if you know where your child is and you are able to see him/her? Unless she is telling you that you can't, then seek legal counsel.
2007-12-05 17:17:35 · answer #2 · answered by bonstermonster20 6 · 0⤊ 0⤋
Since you don't have a legal separation and/or a custody order in place, your wife has the right to travel with your son anywhere she wishes and to stay for as long as she wishes. She doesn't need your permission, unless a court order says she needs your permission.
If you think she is not coming back and your marriage is over, file for a divorce and ask the court for a custody order. Then you will have something to enforce so you can see your son again.
2007-12-05 17:52:07 · answer #3 · answered by raichasays 7 · 0⤊ 0⤋
You already stated that you AGREED to let her leave with your child to give her some space. If you agreed to it...you cannot now claim you did not agree to it. If she is there for 6 months she will be able to establish residency in the new state and file for a divorce and custody in the new state. It will be harder for you to hire an attorney and go back and forth between states if you don't live there. You may want to beat her to the punch and file in your state and let her know about it...she might come home then.
2007-12-05 17:18:34 · answer #4 · answered by lahockeyg 5 · 0⤊ 0⤋
Because you apparently aren't legally separated or divorced there is no court order placing your child in either parents custody. She has the same rights to your son as you.
It sounds like there is a marital problem of which can't be resolved.
My suggestion is if you can't resolve your marital dispute...get your divorce and apply for custody...then you have a say as to when she can or can't have custody!
2007-12-05 17:16:48 · answer #5 · answered by KC V ™ 7 · 1⤊ 0⤋