If my estranged husband takes our kids, what can I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my estranged husband takes our kids, what can I do?
My ex and I have been separated for more than 2 years; we are not legally separated or divorced. He moved to NJ and has been living there more than a year. He’s visiting in WV and wants to take the kids for a week. I’m scared that he won’t bring them back. If he fails to return them, can get away with that?
Asked on July 26, 2018 under Family Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless you are legally separated or have filed for a divorce, either you or your husband can take your children out of state. Once your husband does so, he could then file for custody, assuming he is a legal resident of the state in which he now resides. What you should do before he takes them, is to file for temprorary custody. This way, if he afils to retune the children you can have him charged with parental kidnapping. At this point, you really need to consult with a divorce or family law attorney in your area as they can best advise you further.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless you are legally separated or have filed for a divorce, either you or your husband can take your children out of state. Once your husband does so, he could then file for custody, assuming he is a legal resident of the state in which he now resides. What you should do before he takes them, is to file for temprorary custody. This way, if he afils to retune the children you can have him charged with parental kidnapping. At this point, you really need to consult with a divorce or family law attorney in your area as they can best advise you further.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.