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bmcfarland0524 · Mar 19, 2013, 07:27 PM

My husband wants a divorce and told me so tonight. Can I leave and move to ky without telling him. He says I cannot and will not take her anywhere. I have her only sibling which is ber sister.

smoothy · Mar 19, 2013, 07:38 PM

Grab the kid and run... and you are going to be far more likely to lose it in a custody battle... the courts frown upon such stunts by either parent.

J_9 · Mar 19, 2013, 07:50 PM

Parental kidnapping comes to mind.

ScottGem · Mar 20, 2013, 03:57 AM

He says I cannot and will not take her anywhere. I have her only sibling which is ber sister.

This is very unclear. Are there children involved?

Yes, YOU can move without telling him. You will need to leave him a point of contact, even if it's a PO Box so he can can forward papers.

But if you take his child with you, that changes things. This is his child too and you need to keep him informed about the child's whereabouts. If you take the child out of state without his agreement, this will look bad in court and possibly result in him getting custody.

At the worst, he can charge you with parental kidnapping.

bmcfarland0524 · Mar 20, 2013, 05:00 AM

I have no where to go. All my family live in ky and we just moved here to fl almost a year ago. I have a four year old daughter with him and he has been in the 10 year olds life for six years.

ScottGem · Mar 20, 2013, 05:19 AM

I'm sorry, but if you want to move back and leave the 4 yr old with him, that would not be a problem. Otherwise you have to go through the divorce and fight for custody and the right to move to KY with the 4 yr old.

Given the amount of time he has been a part of the 10 yr old's life, he might get significant visitation there as well.

You have to keep in mind that the 4 yr old, at least is his child too. Unless you can show him as an unfit parent he is going to get significant visitation.

LuckyC26 · Mar 20, 2013, 09:47 AM

At this time, if you are still legally married, you each have full custody over the child. You have full legal right to take the child wherever you wish, whenever you wish, until there is an order by the court saying otherwise. Now, this doesn't mean that he can't fight for and gain custody of the child in the future, but at this point, as long as there has been nothing filed with the court, you can do whatever you want with your child.

smoothy · Mar 20, 2013, 10:01 AM

Originally Posted by LuckyC26

At this time, if you are still legally married, you each have full custody over the child. You have full legal right to take the child wherever you wish, whenever you wish, until there is an order by the court saying otherwise. Now, this doesn't mean that he can't fight for and gain custody of the child in the future, but at this point, as long as there has been nothing filed with the court, you can do whatever you want with your child.

One parent doesn't have the legal right to take a child away from the other parent move to another state premanently without the courts involvement prior to the act.

Doing so can result in parental kidnaping charges if they don't already have a standing custody order allowing them to take them out of state...

The key here the OTHER parents rights are EQUAL to theirs... until there is a custody order in place dictating otherwise.

Doing so before there IS a custody hearing in court will shift the favor of the court towards the parent who was dened access to their child.

Yes.. these things can get rather ugly rather quickly. Particualrly if things are done rashly or out of spite... and if this is done without the other parents knowledge... both of those are in play.