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

    Jul 27, 2012, 11:51 AM
    Moving with my kids out of Hawaii
    Hi,
    I'm from Hawaii, married and have two kids. We are not a citizen yet, if I want to move my children to Texas can my husband sue me for kidnapping? His domestic violence case was just dismissed this month and I'm scared because his acting again the same way as before since his case was dismissed already. Please help me I want to move to my relatives in Texas ASAP. Thanks.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #2

    Jul 27, 2012, 11:24 PM
    Quote Originally Posted by Avilla View Post
    Hi,
    I'm from Hawaii, married and have two kids. We are not a citizen yet, if I want to move my children to Texas can my husband sue me for kidnapping? His domestic violence case was just dismissed this month and I'm scared coz his acting again the same way as before since his case was dismissed already. Please help me I wanna move to my relatives in texas ASAP. Thanks.
    If you remove the children without his consent, you can be charged with kidnapping or you can be ordered to return the children in Hawaii.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jul 28, 2012, 06:09 AM
    You would be better off filing for divorce first. Then you can try to make the move part of the divorce.

    Unless you try to hide your location from the father, its unlikely you would be charged with parental kidnapping. You can't be charged with kidnapping your own child, but parental kidnapping is a valid charge in most areas for removing and hiding the children from the other parent.

    If you move without court permission, he can compel that the children be returned and the courts will not like your removing the3 children.
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!

Moving with kids after abuse [ 1 Answers ]

I divorced in April of this year, we had joint custody. September 6 of this year I had to enter a shelter for abused and battered women with my 3 youngest, 9,5,3. I moved out of the shelter got an apartment and entrollred the kids in school. I went back home for a visit with my oldest son and 7...

Moving out of state with kids [ 1 Answers ]

I am leaving my husband cause he is abusive can I take them out of state? Neither one of us has filed for divorce yet

Moving with kids after divorce [ 45 Answers ]

I have 3 small kids ,9 , 7 , and 6. I was married to an abusive alcoholic nightmare for 9 years. We finally got out last year and I filed for divorce ( still being harassed by the ex today) I have full custody, and I dropped the request for supervised visits and gave him every other weekend...

View more questions Search