What are my rights if my husband left the state with out children without my consent?

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What are my rights if my husband left the state with out children without my consent?

My husband and I have been separated for 3 years. We haven’t had a divorce yet and no decisions on custody of the kids have gone to court yet. I just recently found out he took the kids and moved out of state. Not only does he refuse me visitation as it already is, but now he’s moved to another state. Can he do that? And what do I have to do to get my kids back here? He hasn’t let me see my kids since in over 6 months. I need a lot of advice. I miss my kids.

Asked on July 1, 2015 under Family Law, South Carolina

Answers:

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

Answered 5 years ago | Contributor

Since a divorce has not been filed and there is no custody order in place, then he was legally allowed to take your children out of state. However, this doesn't mean that there is nothing you can do. You'll need to go to court and ask for a temporary custody hearing. At that point, your husband will have to return to the state with your children. If he doesn't he can be charged with parental kidnapping.

Once temporary custody is established, the court will determine the issue of permanent custody at a later date (whether or not he can again leave with them, will depend on the final decision). Several factors will be consderedas in deciding what is in the best "interest of the child(ren)".

At this point, you should consult directly with an attorney in your area who handles these type cases. They can best advise you further, especially as to your rights under specific state law.


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