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I am the wife, and no. He rarely see's the children, & there is no legal separation. We just have not lived together in over 10 years.
One more bit of information, he was involved in an accident abut 6 years ago, and had a brain injury. He lives in assisted care & cannot in any way care for the children. He is nearly normal functioning in most ways, but stays where he is.
565.153. 1. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.
2. Parental kidnapping is a class D felony, unless committed by detaining or concealing the whereabouts of the child for:
(1) Not less than sixty days but not longer than one hundred nineteen days, in which case, the crime is a class C felony;
(2) Not less than one hundred twenty days, in which case, the crime is a class B felony.
3. A subsequently obtained court order for custody or visitation shall not affect the application of this section.
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565.160. It shall be an absolute defense to the crimes of parental kidnapping and child abduction that:
(1) The person had custody of the child pursuant to a valid court order granting legal custody or visitation rights which existed at the time of the alleged violation, except that this defense is not available to persons charged with child abduction under subdivision (5) of subsection 1 of section 565.156;
(2) The person had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified or made a reasonable attempt to notify the other parent or legal custodian of the child of such circumstances within twenty-four hours after the visitation period had expired and returned the child as soon as possible; or
(3) The person was fleeing an incident or pattern of domestic violence.
Given the circumstances in your case, you may wish to contact your husband's legal guardian to discuss whether you can make an agreement with your husband regarding your move, as well as a potential parenting time agreement. If you come to an agreement, then it can be entered as a Stipulation and Order with the Court. If you can't agree, then you have to make the decision as to whether to file a Petition for Custody and to Leave the State, or leave without a court order.
I hope you find this information useful.
He was never arrested or convicted, but he was caught with child porn on his computer, after the accident and before, before I and several people caught him, he refused counseling, I threatened to turn him in, he burned his computer hard drive. the incident after it was covered up by his guardian. Even though he is my husband, she will not give me any information. I am trying to get an affidavit from the man (a minister) who found it (the child porn) and deleted it, would that be enough to keep them from extraditing?
He was never arrested or convicted, but he was caught with child porn on his computer, after the accident and before, before I and several people caught him, he refused counseling, I threatened to turn him in, he burned his computer hard drive. the incident after it was covered up by his guardian. Even though he is my husband, she will not give me any information. I am trying to get an affidavit from the man (a minister) who found it (the child porn) and deleted it, would that be enough to keep them from extraditing? Plus, there is a good school for children with disabilities there, my son is only allowed to o to school for 1 1/2 hours a month here, I have to home school him the rest of the time. He is learning nothing about social skills, or personal interaction with his peers this way. I want a better life for my children, and they have much better opportunities in Oklahoma. Do I have ANY legal standing? The fact that my husband is mentally unstable?
I haven't gotten a reply to the last post/question...I really need to know what legal standing I have as per his child porn addiction & mental instability?
Hi! Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful. If you have future questions, you can specifically request me by name as the expert. Thanks again, xavierjd
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