How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17475
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Family Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

Our adult daughter lives in Warren Co. Ohio and may want to

Customer Question

Our adult daughter lives in Warren Co. Ohio and may want to leave her abusive husband and bring their 2 small children with her to our home in SE Kentucky until she decides what to do next. I have read that she should get a temporary custody order before she leaves the state so that her husband or no one in his family can say she has kidnapped the children. Is this true?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
Our adult daughter lives in Warren Co. Ohio and may want to leave her abusive husband and bring their 2 small children with her to our home in SE Kentucky until she decides what to do next. I have read that she should get a temporary custody order before she leaves the state so that her husband or no one in his family can say she has kidnapped the children. Is this true?
Response: Unless, she is planning to file for divorce, she does not need to get temporary Custody Order in order to leave the State with the children. She would not be charged with parental kidnapping when there is no Order of Custody giving the husband custody of the children. Until the Court has issued an Order of Custody, both parents have equal custody. So, she can leave with the children when it is safe to do so without running into legal trouble.
Also, if she tries to file for custody, her husband would make it very difficult for her to relocate. The Court may order her to stay put in the State. So, the less she does now, the better. The most important thing now is for her to leave the abusive situation safely with the children. She can think about filing for divorce and custody later.