IfI leave my husband can I take my kids?

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IfI leave my husband can I take my kids?

Asked on February 15, 2011 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

NOT automatically. Neither parent has an automatic right to custody; the legal system grants custody based on a careful consideration of a number of factors, chief of which is the best interest of the children. If you simply take the children, you could be incurring significant trouble--theoretically, you could in certain circumstances be charged with kidnapping or endangering your own children, and at a minimum, if there later is a divorce and custody battle, you will damaging your chances to get custody by acting in what's perceived of as an unfair and erratic way. If you are at a place in your life and relationship where you are considering this, please consult with a matrimonial or divorce attorney right away to get advice on how best to separate and retain custody. If there is urgency to the matter--e.g. violence, abuse, etc.--then contact the police and/or child protective services right away.


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