CanI take my kids with me without their father’s permission, if he is abusing me emotionally?

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CanI take my kids with me without their father’s permission, if he is abusing me emotionally?

I have a controlling husband. Now we are not on good terms. He took my credit card and removed my name in our joint account. I don’t have job; I’m a stay-at-home mom taking care of the kids. Now I can’t take this abuse anymore. I have a special needs child and my husband treats him differently than the normal one. Iit hurts me. If I leave and take this kids with me, can he file kidnapping case against me?

Asked on July 18, 2011 under Family Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From the facts concerning your question, it appears that you and your husband are still married and living together? If that is so, you have every right as the mother of your children to take them places without permission from your husband and presumably the father of the children.

If you leave him taking the children with you for your and their protection, your husband could try and file criminal charges against you for kidnapping. Whether or not actual charges are filed by law enforcement are something unknown.

Perhaps consulting with a counselor with your husband and you is in order? If he will not agree to counseling due to the seemingly abusive relationship between you and him, perhaps you need to speak with someone for your own mental well being?

Good luck.


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