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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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Im seperated from husband last year because he was being abusive.

Customer Question

I'm seperated from husband last year because he was being abusive. Moved in with my mom with my two kids but now he wants to file for divorce which is fine with me, but he also wants to get custody of our kids. I've heard that he has won some money and he says that he would win. He wants to charge me with kidnapping because I fled the state with out kids.My question is can he do what he says he can?
Submitted: 8 years ago.
Category: Family Law
Expert:  Jack R. replied 8 years ago.
If you are married and not under any type of court order with respect to the children you can take them out of state. Kidnapping charges cannot be filed in this instance becasue it is perfectly legal for you to take the children. A person only "flees" out of state when he/she has a legal obligation to remain in state. Otherwise all vacationer would be "fleeing" out of state.

If kidnapping is all you are worried about, you could check with your local police, I doubt they will tell you anything different.

As far as custody, you should talk to a lawyer. The biggest concern is that you have created a situation where the father does not have access to the children. This might not be looked on favorably. Given the reason for leaving, and where you went (to a parent), you should be able to overcome this.

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All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.