QUESTION
Can I move out with child during a divorce?
Asked on Jan 29th, 2013 on Child Custody - Georgia
More details to this question:
I am in the process of a divorce. We are still living in the same house. He won't move out because he does not want to pay for an apartment. I am able to move out and live with my mother who is only 3 miles away from my current residence. I want to take my child with me but he will not allow it. He threatens to call the police and states that it is kidnapping. Is it legal for me to do so? How can it be kidnapping if he knows where I am? Thank you for your time.
8 ANSWERS
Business Law Attorney serving Mount Pleasant, MI
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Office of Michael Hyde PLLC
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If there is no custody order giving your husband primary physical custody of your child, then it is not kidnapping if you move out and take the child with you. Time your leaving with filing a petition for custody, parenting time and support, so that you get the temporary order in your favor.
Answered on Feb 01st, 2013 at 4:29 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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There is no court order to stop you moving out with your child. Just file for a custody hearing to ensure there is a custody order.
Answered on Feb 01st, 2013 at 7:24 AM
This is not kidnapping, but it would be a good idea to try to reach an agreement about how parenting time will be shared before you move out. If this isn't possible you may need to file an action for temporary orders so the court can determine how time will be shared when you are no longer living together. I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Feb 01st, 2013 at 7:23 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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It is not kidnapping if he knows where his child is living. Move out, this guy is using threats to manipulate you.
Answered on Feb 01st, 2013 at 12:55 AM
It does not meet the elements of the crime of kidnapping for you to move across town to your mother's residence with your child under the circumstances you have described. If you have counsel in your divorce, how you can best proceed with a separate living situation, and any other matters regarding your divorce, should be discussed with your counsel, if you have an attorney representing you and your interests.
Answered on Jan 31st, 2013 at 2:09 PM
John Arthur Smitten
It is not kidnapping to move out with your own child.
Answered on Jan 31st, 2013 at 2:08 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You both have rights to your child. Get your attorney to file a motion for temporary orders to allow you to move. That will be the best way to accomplish what you want.
Answered on Jan 31st, 2013 at 2:07 PM
Criminal Law Attorney serving Lawrenceville, GA
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Smith-Grimes Law Firm
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Both of you have equal rights to the children until a Judge says otherwise. Filea Rule for a temporary hearing so that the court can award custody on a temporary basis pending the final divorce.
Answered on Jan 31st, 2013 at 2:06 PM