I have a daughter from an earlier relationship. My current spouse and also had a child together before we were married. He wants to move to another state and I do not. He is threatening to take the kids to MS some day while I am at work. I'm terrified. I'm sure he can't get away with taking my daughter since he not the father. Can he take our son, even though he was born before we were legally married? He didn't officially adopt him but does that matter?

He doesn't have to adopt his own son - if that is what you are asking. At the moment you have equal rights to the child you have together. Go to Court and address the situation - once visitation is ordered he would be in violation of a Court Order if he took the child out of State.

He does not adopt his own child, he is the legal father even if not married. If he leaves the state with his two kids ( they are his kids also) ** you said MY kids, like there were not his.

If he leaves the state you file for custody and ask the court to order him to return the kids to the state you are now living in.

He can not take the child that is not his.

Of course you can file for divorce now, file for custody of the two kids and get a order where he can not leave the state with them.

Look into a Restraining Order. Threatening to kidnap the child is Abuse. Call your local Salvation Army and tell them you need to speak with an Advocate. Do this immediately and file a restraining order immediately. Yes he can take your son out of state. If he says he is going to then you need to act immediately. I am not an attorney and this is not legal advise, you need an attorney ASAP

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Originally Posted by imrachelsmommy

Look into a Restraining Order. Threatening to kidnap the child is Abuse. Call your local Salvation Army and tell them you need to speak with an Advocate. Do this immediately and file a restraining order immediately. Yes he can take your son out of state. If he says he is going to then you need to act immediately. I am not an attorney and this is not legal advise, you need an attorney ASAP

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You need to check and remember that this is a legal board and should be based on legal answers. I have noted several of your answers lack sound legal standards.

First this is not child abuse by any standard known. It is common to threaten to take the kids at the time of any divorce or any custody issues. In fact taking the child is not even criminal in most places if there is no custody order in place.

What they need to do is file for custody if there is no custody order. If there is a custody order then taking the child can be treated criminally.