If my estranged husband takes our kids, what can I do?

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If my estranged husband takes our kids, what can I do?

My ex and I have been separated for more than 2 years; we are not legally separated or divorced. He moved to NJ and has been living there more than a year. He’s visiting in WV and wants to take the kids for a week. I’m scared that he won’t bring them back. If he fails to return them, can get away with that?

Asked on July 26, 2018 under Family Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless you are legally separated or have filed for a divorce, either you or your husband can take your children out of state. Once your husband does so, he could then file for custody, assuming he is a legal resident of the state in which he now resides. What you should do before he takes them, is to file for temprorary custody. This way, if he afils to retune the children you can have him charged with parental kidnapping. At this point, you really need to consult with a divorce or family law attorney in your area as they can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless you are legally separated or have filed for a divorce, either you or your husband can take your children out of state. Once your husband does so, he could then file for custody, assuming he is a legal resident of the state in which he now resides. What you should do before he takes them, is to file for temprorary custody. This way, if he afils to retune the children you can have him charged with parental kidnapping. At this point, you really need to consult with a divorce or family law attorney in your area as they can best advise you further.


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