We live together and she has a temper and was arrested. I was planning on moving to GA when our lease was up. Why wait if I don't have to. I don't want to go there and take my kids and get in trouble for taking them. We live in Florida right now. Any advice?

Hello f:

If they're YOUR children, you ALWAYS had custody and can take your children wherever you want to. Your wife/gf couldn't have stopped you when she was OUT of jail, and she certainly can't stop you now.

excon

Even if we have never gone through courts to say who has custody? I was under the impression that the mother does if there is no court order. I take them to GA to live with me will the police show up at the door and say I kidnapped them?

Quote:

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Originally Posted by fatheroftwo

even if we have never gone thru courts to say who has custody?

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Hello again, f:

On the legal forum, the specific words we use MEAN a lot. I said, if you're the father, you have custody. If you're not, you don't. If you are and your name isn't on the birth certificate, then there's a question as to whether you're the father or not.

If you DON'T kidnap your children, then you can't be charged with kidnapping. You're simply taking your family to wherever you want to.

In terms on NOT going to court, most couples DON'T. So, NOT having done so is no bar from moving.

If there's some underlying domestic stuff that you're not revealing, then that changes matters too. But, if it's as simple as you say it is, then you can rely on my response to it.

excon

The birth mother has a unalienable right to custody, in all states. That said, you must address this in court, in which case the domestic/anger management problems will be addressed. The best thing to do is seek no visitation unless terms are met - anger management classes attended, and even then only supervised visitation.

After a length of time, if she follows all instruction and heeds court warnings, she can petition for unsupervised visits. This will be you, her, and the kids. After another length of time she will be able to petition to take the children from your home/visitation. All of this would have to be worked through, before she could petition for custody.

I am a father who went through similar. She will either prove it was an isolated incident, and that she can handle anger around children, or she will hang herself. Mine hung herself. And went on to make more children. She should be sterilized.