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I plan on leaving my wife in the month. The marriage has been dead for many years and I am looking forward to moving on with my life. I do plan on moving my children out with me while she is at work. I am the primary care giver. She does very little with them anyway. Do I need to file some sort of emergency order or can I take my kids wherever I like since I am thier father until a judge orders otherwise? I do plan on staying in the same county we currently reside in.
Please do not tell me to consult an attorney. They are crooks and only run up the clock to prolong peoples misery for thier own financial gain. I have had too many friends lose thousands of dollars to divorce attorneys and end up no better off than if they had done it themselves. Each one of them has told me they wished they had just done it themselves!
I am not a lawyer but I am gonna go out on a limb here and say NO you can't pack your kids up and sneak them out without your wifes knowledge!!! That would be kidnapping. Unless you and/or your children are in danger you should not leave the martial home, period. Doing so will play a HUGE part in how the courts decide to assign custody. If you leave with them you broke the law and that won't look good to the judge deciding who will get custody of the kids. If you leave without them the court will see that as your admission that your wife is suitable for primary custody. You must go through the proper channels. Not only is it in your best interest, but the best interest of your children.... just my opinion.
You must, must, must, MUST consult an attorney. No advice that can be given on this forum will do you any good. At the VERY least, consult a Fathers' rights group for possible assistance/advice.
Unless these kids are in danger, you're walking a very slippery slope going anywhere with them.
One of my daughter's in-laws just did that ... wow what mess. He left another state with a U-haul packed up and their three children. They had been legally separated and was just waiting on their divorce to be final. He had custody of the children. She was paying $100 a month child support with one day visitation. (Big money one hundred dollars a month for 3 children.)
He and the children were here less than a month when the authorities showed up and took the 3 children back to their mother. He did not get permission from the court to remove the children from the state, thus they had to be returned. He has to return for a court hearing this month and his lawyer is working on getting the children back.
Where children are involved it can get right sticky. Before you do anything, you need to see a good attorney. This has been a terrible experience for three children to be removed from a father that has been the one constant in their lives.
Seems I remember speaking with an attorney about this awhile back. Since there is no court action at this time I have just as much right to my children as she does. I can take them wherever I like until a judge says otherwise. Until then there is nothing she can do.
neecewh- You can not kidnap your own children unless there is a court order banning you from any contact with them.
carolinawoman. The reason he got into trouble was becuase the courts were already involved at that point.
How about doing what is in the best interest for the children. Unless there is drugs or abuse involved this is a horrible approach to ending a marriage. Since that was not in your post, I am going to assume that is not a issue. Please speak to some counselor/clergy before you pack their bags while she is at work. Speaking from experience.
... I have just as much right to my children as she does.
I think you just answered your own question. She has rights. You can't take them away, without her knowledge, while she is at work. If she has issues with it, and I can't imagine a mother not, you will, at the very least, not be seen in a good light by the judge who will then be deciding who gets primary custody of your children. If on the other hand you do not think she will care if you take the children then why not just come to an agreement upfront?
It doesn't appear to be an issue of danger, since you said you were not planning on doing this for a month. Why not use that time wisely, in the best interest of your children, and find someone to help you do it by the book?
Contact an attorney, they will guide you...only way to go unless you plan on going to jail. And yes, you CAN kidnap your own kids...as I'm sure you already knew because there's no way you've been hiding under a rock your whole life and never watch the news.
carolinawoman. The reason he got into trouble was becuase the courts were already involved at that point.
Phoneman, I realize that, with the courts involved he could not move without the court authorizing the move and he found that out mighty quick.
Do you have a place to live when you and the children leave?
Do you have daycare or if school age ... are they enrolled and ready ... and after school care ... as I am sure you will be working. If daycare or school is the same can she pick them up and disappear?
Have you sat your wife down and had a heart to heart ... I mean a real talk about what you feel is the problems in your marriage? There must have been love there at one time.
You really need professional advice if you just plan to hit the road phoneman. I hope you will leave her a note so we don't have an Amber Alert.
I understand getting out of a bad marriage, not questioning that, just wonder about the manner you are going about it. Eventually, if you plan on a divorce you will end up with a lawyer and a family court judge. So be wise in whatever you do to insure you end up with custody of your children. Females can be mean and vindictive if they feel they have been wronged.
I wish you the best in this and hope things work out for you and your children.
I plan on leaving my wife in the month. The marriage has been dead for many years and I am looking forward to moving on with my life. I do plan on moving my children out with me while she is at work. I am the primary care giver. She does very little with them anyway. Do I need to file some sort of emergency order or can I take my kids wherever I like since I am thier father until a judge orders otherwise? I do plan on staying in the same county we currently reside in.
Please do not tell me to consult an attorney. They are crooks and only run up the clock to prolong peoples misery for thier own financial gain. I have had too many friends lose thousands of dollars to divorce attorneys and end up no better off than if they had done it themselves. Each one of them has told me they wished they had just done it themselves!
Thanks!
If you think divorce attorneys are expensive, see what happens if you go through a divorce without one, especially if your STBX retains one. If you want an assured answer to a legal question, you need an attorney whether you want one or not.
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and say NO you can't pack your kids up and sneak them out without your wifes knowledge!!! That would be kidnapping. Unless you and/or your children are in danger you should not leave the martial home, period. Doing so will play a HUGE part in how the courts decide to assign custody. If you leave with them you broke the law and that won't look good to the judge deciding who will get custody of the kids. If you leave without them the court will see that as your admission that your wife is suitable for primary custody. You must go through the proper channels. Not only is it in your best interest, but the best interest of your children.... just my opinion.
I think you just answered your own question. She has rights. You can't take them away, without her knowledge, while she is at work. If she has issues with it, and I can't imagine a mother not, you will, at the very least, not be seen in a good light by the judge who will then be deciding who gets primary custody of your children. If on the other hand you do not think she will care if you take the children then why not just come to an agreement upfront? 
