Almost kidnapping - what are my rights?

[Deliriou5]

What is the name of your state? Texas

My wife of 8 years suffers from a personality disorder involving paranoia, suspicion, and a victim mentality. She is convinced that, despite overwhelming evidence to the contrary, I am having and have had multiple extramarital affairs.

My question regards my rights with our 3 young children (6 years and below). She has commented (during her rages) that she considers moving out with the kids. I suspect she would move back home to another city within Texas to her mother's. I have no intention to divorce her. I do not have any legal experience with her (ie, no restraining orders, etc). The only thing I have is the expert opinion of a psychologist we used to see a few years ago who concluded something was definitely wrong with her (ie, a "pathology"), but she would not return for further diagnosis/treatment.

Can she do this? Can she move to another city with our children? Can I take legal action beforehand? Can I do anything afterwards? Should I call the police? I can't believe I would be powerless in this situation. Any info is appreciated!

Thanks!!!
Deliriou5

 

[stealth2]

There's no such thing as "almost kidnapping". At this point, you both have equal rights to the kids, and if she chooses to leave you and take the kids, she can do so. The cops will not do anything absent a court order which specifically states that they can intervene should one of you violate it. Since you don't intend to divorce her, you are pretty much up a creek without a paddle.

 

[VeronicaGia]

Your only option is to file for custody and divorce immediately. Otherwise she could move the kids to Maine and there wouldn't be a thing you could do about it. In fact, you could also move the kids and there wouldn't be a thing she could do about it. Except the fact that if either of you took the kids and moved out of state, the other could file in the current county and state for divorce, custody and support, and the person who moved would have to go back for the proceedings.

 

[splcstr2001]

Wow!!

I a agree with VeronicaGia, absent a court order, that SPECIFICALLY the location, terms, visitation, support, there isn't much you can do.
i talked with an attorney recently about leaving my common law husband and taking our child to another state. He said, no way will you get away with that here. A court will not allow you to take a child away from either parent without the other parents written consent ( to another state). He did say that I could relocate ANYWHERE within the state. Court papers spell out visitaion in Texas.........
Parents who reside within 100 miles of each other AND///
Parents who reside over 100 miles of each other..............
As far as her mentality.......................Is she a danger to the children????? Have they been harmed by her mental state?????????????? Is she abusive??????????
Most Family law attorneys offer a consultation at no charge, maybe you will consider calling a few.

 

[Deliriou5]

Hmm, I'm surprised at this. Seems bizarre that if a stranger takes my children away from me, I can call the police. If my wife takes them away, I can't do anything.

Sounds like my best option is that the minute she hits the road with the kids, I file for divorce and custody. Now I'm enlightened and prepared, thank you!

To be honest, I don't think she has the capacity to do this. She makes threats during arguments and discusses these ideas with her support group friends, but I think it is more fantasy and false security than reality. But what is important to me is to have a plan in place in case she does pull something like this.

Regarding her mental state, she is not a threat to the children other than the potential for her to isolate them from me. There was a time a few years ago where her vivid imagination (ie, delusion) led her to believe I was a threat to the kids, so she would not leave me alone with them. She has since gotten over that and it hasn't been an issue. I consider this to be a definite sign of an unhealthy parent, but not serious enough for me to justify legal action. However, I am very sensitive to this and try to minimize the amount of time the kids are with her alone, just to keep them "balanced". She has never shown signs of physical abuse towards them. In fact, all her rage and illness is directed at either me directly or towards those she deems a threat to her relationship with me.

Thanks!!!

 

[adonahee]

I'm surprised that YOU'RE surprised...

You said yourself that you have no plans to divorce her. How can you be proactive when you're planning a defense? Take it to court and tell the judge you plan on filing for custody when your wife decides to leave? You've painted yourself into this scenario, and plan on staying. (Not the healthiest thing I've ever heard of, but not the worst either.) Either you take a offensive stance, divorce her and file for custody, OR you take a defensive one. You've obviously made a choice here.