QUESTION

Can I take my 14 year old as I leave husband?

Asked on May 30th, 2013 on Child Custody - Illinois
More details to this question:
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3 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Sure, but he may take the 14-year old back. Just make sure to file for divorce immediately. The court will enter orders telling everybody to keep things the way they are at the time of filing unless the court enters a different order.
Answered on May 31st, 2013 at 2:52 AM

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Family Law Attorney serving Durham, NC at Morelos Law Firm
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There are not much facts to go on here, but I assume you have not physically separated and thus there is also no written separation agreement/custody agreement or a court order in place regarding custody. If that is the case, upon separation, both parties have equal rights to the custody of the child until later agreed or set by court. So you are not technically violating anything if you take him with you for the short interim, assuming of course you are not going to move significantly far away (in or out of NC). That being said, he may try to argue that fact against you later if things were to go to court, but if you had good reasons, including if you are the primary care taker or have any safety concerns, you would argue that and the judge would decide. But ultimately, custody/visitation will need to be resolved by agreement or court for the long term. You should consult an attorney before you just move out, if possible.
Answered on May 30th, 2013 at 10:17 PM

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Each of you has an equal right to custody until a court says otherwise. So you can take your child, but he can come and take the child back. You need a court order.
Answered on May 30th, 2013 at 7:50 PM

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