Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I reside in AZ with my two girls and still married husband.

Due to recent threats and...
I reside in AZ with my two girls and still married husband. Due to recent threats and arguments he just bought a ticket without my consent to take my kids away for Christmas and New Years for a week to his family in VA. I know he can legally take them, but can I legally not allow him to take them? Nothing has been filed on either side, so I know there is no legal enforcement in place. Can I for example take them out of the house at the time he wants to take them out of state? Are there any negative consequences for me if I don't allow him to take them for a whole week? I have already compromised and agreed to him taking them after Christmas and returning before New Years Eve. He is very stubborn and bullies me. He has talked of divorce, separation, emergency court order all in the past month over daily argument. He is taking advantage, since he know I will probably not file for a divorce to whatever extent he goes. Please advise me.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
12/12/2012
TexLaw
TexLaw, Lawyer
Category: Family Law
Satisfied Customers: 4,430
Experience: Experienced in Divorce Litigation and Property Division Settlements
Verified
Hi,

Thank you for your question. I'm sorry to hear about this situation.

You can prevent him from taking the children with him at Christmas by simply removing them from his reach. For example, take them and keep them someplace else on the day he is supposed to take them to VA. There is no court order preventing you from doing that, and as long as you do not do anything illegal while you are moving the kids, there is no legal consequence.

-ZDN
TexLaw
TexLaw, Lawyer
Category: Family Law
Satisfied Customers: 4,430
Experience: Experienced in Divorce Litigation and Property Division Settlements
Verified
TexLaw and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 years ago

Do I have to tell him where I am taking them too? Can we go to the movies for example, but I don't tell him, since he might come and cause a seen to take them?


 


Can he get a court order to take them away to VA for one week? Do I have the time to reverse his court order by law, since there is only two weeks till Christmas?


 


 

Hi,

You do not have to tell him where you are taking them.

He cannot get a court order without filing for divorce and can establish that you are for some reason a danger to the children.

-ZDN
TexLaw
TexLaw, Lawyer
Category: Family Law
Satisfied Customers: 4,430
Experience: Experienced in Divorce Litigation and Property Division Settlements
Verified
TexLaw and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 years ago

If he some how gets a court order, can I remove my kids from the house so he can't take them?

You cannot violate a court order. So if he gets a court order somehow (I don't see how this could ever happen) that allows him to take the kids, if you remove them from the house you are violating the order and could face consequences.

Again, there is no way he is going to be able to get an order like this.
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask TexLaw Your Own Question
TexLaw
TexLaw
TexLaw, Lawyer
Category: Family Law
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Experienced in Divorce Litigation and Property Division Settlements

TexLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My wife and her ex are battling over custody for xmas eve.
my wife and her ex are battling over custody for xmas eve. He wants the kids from 2pm-5pm and we stated from 9am-12pm. Since it is her year with the kids why do we need to be flexible and abide by wha… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,579 satisfied customers
My ex and I have had an informal agreement of him taking my
My ex and I have had an informal agreement of him taking my son who is 7 for thanksgiving and I have him christmas and christmas eve. This year he is saying he isn't going to give him to me on xmas an… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
My daughter, who lives in Gresham, OR, just lost primary
My daughter, who lives in Gresham, OR, just lost primary custody of her two girls. The only reason being, she moved them to a new home and new school approx. 30 miles away from the father. He filed su… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
I am custodial parent. I have a plan that says I get one
I am custodial parent. I have a plan that says I get one week and he gets one week for winter break. This year is even so he gets her first week and I get her second. It also says for this year I get … read more
LegalGems
LegalGems
Juris Doctorate
12,550 satisfied customers
I am in California, so make sure your answers apply to
I am in California, so make sure your answers apply to California Laws) 1) How much does it cost to file for divorce, child custody, and child support--all 3 in one? (Can it be done all at once?) 2) H… read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
If my husband and s ex wife has 50/50 custody of a child,
If my husband and his ex wife has 50/50 custody of a child, can either parent take the child out of state without the others consent? This child is 15 if that matters.… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My ex boyfriend & I share joint custody of our two children.
My ex boyfriend & I share joint custody of our two children. I have primary placement of the kids & the father has unlimited visitation only when he is in Delaware. He lives out of the country & only … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I'm going through a divorce and I have moved, I notified my
I'm going through a divorce and I have moved, I notified my soon to be exhusbands attorney of my move but sent nothing to my husband. Is notifying through his attorney the same as notifying him?… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
If in custody paperwork holidays supercede the regular schedule
If in custody paperwork holidays supercede the regular schedule and my ex has my child on Christmas Eve and is fighting me to take her all day and night can I legally with old her from going with him … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,579 satisfied customers
Three parter. My ex and I are renegotiating my child support
Three parter. My ex and I are renegotiating my child support payments, which we have agreed to do every three years. My questions are: 1. At no cost to me, through my work, I provide full health insur… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Four years ago, my ex-husband and I were divorced after 13
Four years ago, my ex-husband and I were divorced after 13 years of marriage due to an affair (7 of those years I was a stay-at-home mother and took care of my family). We were separated once before d… read more
InformationForYou
InformationForYou
JD (law degree)
25 satisfied customers
I was married for 6 years in NC. About 14 months ago, my wife
I was married for 6 years in NC. About 14 months ago, my wife left me for another man. I assume that they were having an affair a few months before we actually split-up. Which was 5 days before Christ… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
My friend lives in Massachusetts. He is the custodial parent
My friend lives in Massachusetts. He is the custodial parent of 2 sons with an ambiguous divorce decree. According to the decree his ex wife has Monday nights, Friday nights, & every other Saturday. A… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My ex has filed for OSC-Modification. I just found out that
My ex has filed for OSC-Modification. I just found out that the paralegal that handled my divorce, never filed a change of address for custodial parent (me), nor can I locate this paralegal. I origina… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
I have a question about a Show Cause Order for Visitation.
I have a question about a Show Cause Order for Visitation. My ex husband and I have 2 girls. We have been divorced since 2007, and were married when our older daughter was 2.5 and I was 7 months pregn… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
I have joint custody of my twin teenage daughters...they have
I have joint custody of my twin teenage daughters...they have primarily resided with me for the last 16 years while their father has taken minimum AZ visitation - every other weekend and 1 mid -week. … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
Our divorce decree says Mom gets Christmas Eve and Dad gets
Our divorce decree says Mom gets Christmas Eve and Dad gets Christmas day but there are no times listed. Dad is trying to move up the time to a very early hour after 6 years of being noon. Do we have … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My ex-husband and I have been divorced for 4 yrs. We have 3
My ex-husband and I have been divorced for 4 yrs. We have 3 children. In the past 4 yrs, he has taken them every other weekend, and usually 1 night a week (not overnight). He has not bothered much wit… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x