something bigger to worry about

[worriesalot]

What is the name of your state? california
forget what i asked before no one seemed to give me feedback, i want to know if taking my kids from where i live now would be considered kidnapping, like i said before i got married last october i have not yet changed my address on my license it still reads that i live at my mothers house, i want to take my kids and leave my husband he is a verbal abuser and he has thrown objects in my direction which have fotunately not hit me, he called my a fuc*** Bit** because I didnt want to tell his family not to come to our sons b-day even though they live with us, im so stressed when i cry i gag instead, im getting hives on my hands, i dunno what to do, please give me advice....can i take my kids and leave without it being considered kidnapping??

 

[Zephyr]

You did not answer the questions that would determine any advice that would be given....


did you and your husband legally establish paternity for the baby?
would the father of the older child object to you moving out of state?

 

[snostar]

Based on review of your other posts your situation is extremely complex and you should seek the advice of a local attorney.

The key question is, are there ANY custody/visitation orders in place for either of your children?

 

[worriesalot]

Based on review of your other posts your situation is extremely complex and you should seek the advice of a local attorney.

The key question is, are there ANY custody/visitation orders in place for either of your children?

there is no custody/visitation for either of them, im currently living with him, for my older child the father did sign a paternity document at the hospital and i have her birthcertificate and other papers, for my younger child the hospital did not have us sign any paperwork, i dont even have his birthcertificate yet.....

 

[worriesalot]

You did not answer the questions that would determine any advice that would be given....


did you and your husband legally establish paternity for the baby?
would the father of the older child object to you moving out of state?

currently the father of my older child pays child support, we established visitation rights amongst ourselves we both compromised on something and thats how its been, im not planning of moving out of state just away from my husband cause i feel he is becoming a threat to our family, ive asked him if he was taking drugs, ive told him he needs to seek help because i strongly feel he suffers from double personality.... i just dont know what to do anymore

 

[snostar]

there is no custody/visitation for either of them,

Then it would not be considered kidnapping.

 

[worriesalot]

Then it would not considered kidnapping.

Thank God!, thank you so much, no one could give me an answer, thanks!

 

[Agscabbage]

Taking the Kids

Don't take this as law, but I was just in court Monday and there was a lady in the waiting room with me filling out paperwork. Sometimes you just hear what else goes on around you, and she was in a very bad situation. Her husband was not only verbally abusive to her and the kids, but also physically. She was trying to find out what she could do. The lady behind the desk told her that she could not give her advice, that the woman would have to go to a lawyer, but she could tell her that unless there is a court order stating she could not take, there was nothing the law could do to stop her from taking the kids anywhere she pleased.
The desk lady then smiled and said-take an extended vacation-.

I've heard of this happening before in these situations, but this was the first time I ever saw someone giving this advice at the legal level.
Hope this helps, but still go call a real lawyer just to make sure.

 

[Zephyr]

but the whole leaving the state thing- she can be forced to return the children to the original state

 

[outragedMOM]

Abuse Hotline

I would call an abuse hotline and let them set you up to go into hiding(at least for a while). What you are going through is ABUSE and to take your kids and run I don't believe would be considered kidnapping. Get permission in writing from the father of the other 2 children and go. However, let the father of the other 2 children know where you and the kids are if you are not afraid of him.