If my husband and I were separated and he went out of state with the kids, what do I do?

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If my husband and I were separated and he went out of state with the kids, what do I do?

I was the only person in the home with a job when he kicked me out, so naturally I didn’t have a place of my own. We decided to leave the kids with him until I got settled. Considering that he’s a lazy, controlling and abusive person he did nothing to get a stable job and went crying to his mother. Well by this time because he couldn’t pay his part of the electricity bill. I had no power in my new apartment. He proceeded to tell me that he was going to move with the boys and his pregnant girlfriend who had been living there before we even seperated. I want my babies back.

Asked on August 26, 2012 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to speak with an attorney.  Getting sole custody would require filing in the state in which they now reside. However, taking children out of state with out an intent to return can be considered kidnapping.  You need to decide how you wish to proceed.  Good luck.


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