Who has the right to take the kids before divorce is filed?
Can the mom just decide to take the kids with her to another house in the same state? We have 2 kids, can i call the cops on her when she decides to move out? What are my rights and is she able to take both the kids? I want to at least keep one while she takes the other until the divorce settles. What can i do?
I have an appointment with a lawyer to file for divorce & custody 3 weeks after she plans to move out. WHAT CAN I DO UNTIL THEN?
This isn’t the best place to seek legal advice, but I’ve heard from lawyers that unless there is something in writing stating where the child is to be (as in a custody agreement), she (or you!) CAN move the children to where ever.
Without paperwork, how would anything be able to be enforced???
There’s nothing you can do unless she agrees to it as of right now, but when the judge hears that she’s keeping them from you, it might not be pretty.
I hope you can still visit them until then.
Comment by His mommy — February 4, 2010 @ 5:33 pm
I have gone through this same situation. My fiance’ went through the same situation. His ex wife left and left the kids at the house. He had to talk to a lawyer right away and get a parenting plan in place. Without the parenting plan, she would have been able to come to the house and take the boys. Thank God he did this! Do it right away!
Comment by Emily — February 7, 2010 @ 4:00 pm
If there is no custody order in place then there is nothing for the police to uphold. If the dad gets the children before the mom then the police can’t make him give the kids back…and same vise versa. I used to be a sheriff dispatcher and I had to explain it to people all the time that they needed to go to court and have something in writing for our officers to force the other party to comply with…..
Comment by WOWZA! — February 7, 2010 @ 10:49 pm
I personally think as child needs their mother , however if she is unfit that’s a different story! I don’t think it’s a good idea to separate siblings! But I don’t think it’s a good idea for them to be away from their father either. Is this a problem that cannot be worked out? A divorce is very hard on everyone involved! If you can’t work things out maybe you can agree on joint custody or something! Best of luck to you and your family:)
Comment by sowhat — February 8, 2010 @ 3:38 am
Unfortunately there isn’t much you can do. If you’re worried about the kids safety then you can attempt to get a temporary order of custody but that will be difficult to obtain without proof.
Since legal custody has not been ordered you both have the right to take the kids and move out of the house…. You can keep one with you and she can take the other, that is allowed as well.
She can stay in the same state and move out with the kids but she cannot move out of state without your permission. The best thing to do is get the divorce going quickly, so you can specify what custody you do want.
Comment by lorisam7879 — February 9, 2010 @ 1:50 pm