Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Can I take my kids with me? (https://www.askmehelpdesk.com/showthread.php?t=584665)

  • Jun 29, 2011, 07:08 AM
    peagreen
    Can I take my kids with me?
    I live in Utah with my husband and son. I just found out that my husband is abusing drugs and I want to leave the state and return to my family in Wyoming. Can I leave him and take my son with me? He is threatening that I will get in trouble for kidnapping, is this true?
  • Jun 29, 2011, 07:23 AM
    pepsiithrowback
    Well I think that if he is your biological son then there shouldn't be a problem, unless you guys are divorced or if he has custody. But if there is a problem and he reports you and gets judges and lawyers involved, then you can tell them the reason why and they should be understanding of the issue. If he lies about abusing drugs they should be able to check his blood or something (not too sure how that would work. But they can check something)... but I don't live there so I don't know how the law works over there.. but where I am people of the law thing very poorly on people who are involved with drugs especially if they are abusing them. So I don't think there would be a problem. But once again I'm not too sure.
  • Jun 29, 2011, 08:46 AM
    this8384
    Quote:
    Originally Posted by peagreen View Post
    I live in Utah with my husband and son. I just found out that my husband is abusing drugs and I want to leave the state and return to my family in Wyoming. Can I leave him and take my son with me? He is threatening that I will get in trouble for kidnapping, is this true?
    You probably won't get into trouble for kidnapping, as he is your child and you are allowed to take him where you please, but as of right now, jurisdiction lies in Utah state. You, your husband and child are all residents of Utah and the divorce would have to be filed there. I would consult an attorney in your area to see what your options are at this point.

    How did you learn that he is abusing drugs? Did you contact the police?


    Quote:
    Originally Posted by pepsiithrowback View Post
    well i think that if he is your biological son then there shouldn't be a problem, unless u guys are divorced or if he has custody. but if there is a problem and he reports you and gets judges and lawyers involved, then u can tell them the reason why and they should be understanding of the issue. if he lies about abusing drugs they should be able to check his blood or something (not too sure how that would work. but they can check something)... but i don't live there so i don't know how the law works over there.. but where i am people of the law thing very poorly on people who are involved with drugs especially if they are abusing them. so i don't think there would be a problem. but once again im not too sure.
    Please refrain from posting on the legal boards if the best advice you can give is, "Well, I think....but I'm not too sure...." Our answers on this forum must conform to the law and be accurate - guesses, opinions or suggestions are more than welcome on other forums, but cannot be posted here.
  • Jun 29, 2011, 09:12 AM
    ScottGem

    Unless there is currently a custody or visitation order in place, then moving would not get you in trouble. As long as you don't hide from the father, then kidnapping would not be an issue.

    However, there is the possibility that you will be forced to return or at least your children forced to return, if he wins custody.
  • Jun 29, 2011, 10:33 AM
    JudyKayTee
    Quote:
    Originally Posted by pepsiithrowback View Post
    well i think that if he is your biological son then there shouldn't be a problem, unless u guys are divorced or if he has custody. but if there is a problem and he reports you and gets judges and lawyers involved, then u can tell them the reason why and they should be understanding of the issue. if he lies about abusing drugs they should be able to check his blood or something (not too sure how that would work. but they can check something)... but i don't live there so i don't know how the law works over there.. but where i am people of the law thing very poorly on people who are involved with drugs especially if they are abusing them. so i don't think there would be a problem. but once again im not too sure.

    You are wrong - this is a legal board. We take pride in our answers. Please don't guess or speculate or attempt to answer when you don't know.

    And PLEASE stop using text speak.
  • Jun 29, 2011, 10:52 AM
    AK lawyer
    Quote:
    Originally Posted by ScottGem View Post
    ...
    However, there is the possibility that you will be forced to return or at least your children forced to return, if he wins custody.
    As this8384 pointed out, jurisdiction for child custody litigation will be in Utah. He can sue you there for up to six months from the time you take the child to another state.

    Jurisdiction for a divorce, if child custody were not involved, might be enjoyed by courts in other states to which OP might move, but, since custody is an issue, it is probable that a divorce petition would be dismissed elsewhere.

    If anybody is interested (and I realize OP didn't ask), one has to reside in Wyoming for at least 60 days to file for divorce there:
    "20-2-107. Residential requirements generally for plaintiffs.
    (a) No divorce shall be granted unless the plaintiff has resided in this state for sixty (60) days immediately preceding the time of filing the complaint, or the marriage was solemnized in this state and the plaintiff has resided in this state from the time of the marriage until the filing of the complaint." Legal Resources

    • All times are GMT -7. The time now is 03:33 AM.