 |
|
|
 |
New Member
|
|
Jan 13, 2009, 05:56 PM
|
|
Moving out of state
I am married to my 2 year old son's father, and we have been married and living together for just over 2 years. My husband and I have not filed for a divorce or for a separation. He is unemployed and going to school, and I would like to move in with my parents, and bring my son with me, out of state until my husband's semester is over. I am afraid that my husband will try to charge me with kidnapping. I want to move out of state with my son and without my husband for a few months. Can I legally do this without the father's consent?
|
|
 |
Expert
|
|
Jan 13, 2009, 07:30 PM
|
|
You can not kidnap your own child unless there is a order giving the other parent custody.
So you are free to go where ever you want. But why are you leaving him, you said "till the semember is over" is you are not leaving him why would he care,
So are you saying you are leaving him for good, not just till the semester is over?
Now he can file in court and try to get custody and the such also. So after you move, it is possible you will have to return back there for court.
|
|
 |
New Member
|
|
Jan 30, 2009, 11:47 AM
|
|
I would contact a lawyer before doing anything! I was already divorced when I moved to another state and It is the law that my ex and I had to have noterized documentation sent to the courts that he didn't disagree with me. You can get in a lot of trouble with out consent. Im not sure if the law requires that in your situation, but it certainly won't hurt to have your back covered. You can ask a lawyers advice over the phone for free.
|
|
 |
Computer Expert and Renaissance Man
|
|
Jan 30, 2009, 11:53 AM
|
|
This is a legal issue so has been moved to the Family Law forum. Questions of a legal nature need to be accurate according to the law.
As Chuck said, you cannot be accused of kidnapping your own children who you have custody of. Since you have not filed for divorce or legal separation as the child's mother you have joint legal custody and can move without permission of anyone.
Its possible that, if you do file for divorce or separation, the court will order you to return so the father can exercise his legal rights. But you will not be in any trouble for moiving in the first place.
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
Moving to another state
[ 1 Answers ]
If I work the entire year of 2008 in New York State then move to Florida at the end of the year, how do I file my taxes?
Moving out of State
[ 1 Answers ]
I recently moved from Louisianan to Georgia,My husband said because I moved I committed a crime but we have no custody agreement and there was domestic viloence involed,the only reason I move was because he put me on the streets with my children and had no other place to go.I am originally from...
Moving out of state
[ 11 Answers ]
Here is a brief story. I am re-married with another child, so now we have two beautiful kids. I have been divorced from my ex-husband for over 5 years. My ex-husband is a recovering addict of heroin, pills etc... Any ways for financial reasons my husband and I want to move from Michigan to Florida....
Moving out of State
[ 3 Answers ]
I am a single mother with two children. I have filed for custody and the father never filed a response. Therefore I filed a default and now and we are scheduled to have a default hearing on 28th of Feb. Last night the father called and stated that he is fine with me having sole physical custody but...
Moving out of state
[ 3 Answers ]
My ex has hinted that she might move out of state. She has remarried. Is there anything I can do to prevent her from moving away with our 5 year old girl?
View more questions
Search
|