If I am leaving my husband of 14 years, can he stop me from taking my 3 boys to new residence that I have secured?

UPDATED: Aug 30, 2011

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If I am leaving my husband of 14 years, can he stop me from taking my 3 boys to new residence that I have secured?

He his unemployed; we’re loosing the house.

Asked on August 30, 2011 Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Is your husband the boys' father (either biological or adoptive); if he is, then yes, he can potentially stop you from taking the children, and if you do take them, it may reflect  badly on you in determing custody in divorce. One parent may not unilaterally take children away from the other. If he is the boys' father, please consult with a family or divorce law attorney before doing anything, so you do not endanger custody later. While you may understandable need to act now, what you do now can affect the rest of your and your boys' lives, so its worth it to consult and get advice first.

If the husband is not the boys' father, then he you should be able to take the boys without his permission, since a non-father would not have parental rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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