Ask Experts Questions for FREE Help !
Ask
    omimom's Avatar
    omimom Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 20, 2012, 12:45 PM
    My husband wants to leave tx and move to Mississippi and plans to take my children
    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?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Jan 20, 2012, 12:49 PM
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Jan 20, 2012, 12:50 PM
    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.
    imrachelsmommy's Avatar
    imrachelsmommy Posts: 15, Reputation: 1
    New Member
     
    #4

    Feb 19, 2012, 06:38 AM
    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
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    Feb 19, 2012, 07:06 AM
    Quote Originally Posted by imrachelsmommy View Post
    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

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

I hear there are plans to make a move about Clark Gable. Who should portray him? [ 9 Answers ]

Clark Gable is probably the finest actor in movie history. If there is a movie about his life, who should portray him?

Want to leave husband & keep children [ 8 Answers ]

I have been with my husband for 8 years now. We were pushed together. We were playing around, ended up having sex and I became pregnant. So he asked me to marry him. It was the right thing to do. We now have 3 children. 7, 4, and 2. I don't want to be with him. I have regretted our relationship. I...

Want to move out of Texas with my children have not been served any papers can I move [ 2 Answers ]

Want to move out of Texas with my children have not been served any papers can I move

Move away issue in Mississippi [ 14 Answers ]

My husband and his ex-wife have joint legal custody as outlined in their divorce decree. They have 2 girls age 6 and 10. She is moving to Fort Worth to re-marry. We have recorded conversatons expressing our wishes not to have this happen as instructed by our attorney. According to state law,...

Healthy diet plans for children ages 10 to 16 [ 1 Answers ]

I'm looking for diet plans to keep me and my sisters in shape we are young and we want to take care of our bodys and keep them healthy


View more questions Search