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leaving state with kids

If a person were to leave the state with her children and they were military. She was returning to her state of record. Would there be a legal problem? There are no court rulings or anything like that.

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Anonymous

Asked by Anonymous at 7:31 PM on Feb. 4, 2010 in Relationships

Answers (8)
  • Depends on why you are leaving. Are you fleeing for your life?

    legalmommy101

    Answer by legalmommy101 at 7:33 PM on Feb. 4, 2010

  • for a better life. Verbally, Emotionally and Financially abusive.
    Anonymous

    Answer by Anonymous at 7:35 PM on Feb. 4, 2010

  • If she leaves the state where she was divorced then it could be kidnapping depending on the state. In Indiana you have to have the court's permission or the father's permission or it's kidnapping - amber alert, big news on tv, go to jail. I was stuck in Indiana for 19 years and my son never even met his father. He had to be emancipated at 19 so we could move to another state. You would think he could leave at 18 but not until 21.

    He is 21 now and it has been a big mess with him going to college and financial aid. They don't know what to do about financial aid since he was emancipated. He couldn't start last fall because they kept changing their minds. He still hasn't gotten his check this semester because they still may change their mind again.
    Gailll

    Answer by Gailll at 7:38 PM on Feb. 4, 2010

  • Do you think you have enough "proof" of the abuse to get a restraining order? If not, I'd say you can face some serious legal issues for leaving the state with your children. For you to be protected, you must be fleeing for your life. You must feel that you are in danger of serious bodily harm. If that's not the case, you will have to get a lawyer and go through the court system to be able to leave. Contact legal aid, they can help you on a sliding scale fee.

    legalmommy101

    Answer by legalmommy101 at 7:39 PM on Feb. 4, 2010

  • There is no proof of physical harm. Lots of verbal and emotional. Threated to "shoot" my 5 year old and throw my 2 year old across the room. Swears at me, cut me off of ALL finances. I need out.
    Anonymous

    Answer by Anonymous at 7:47 PM on Feb. 4, 2010

  • "Threated to "shoot" my 5 year old and throw my 2 year old across the room. Swears at me, cut me off of ALL finances. I need out."


     


    Yes, you have enough proof. When you flee and get to the state you want to be in, file for a restraining order against him and you tell the judge exactly what you just said up above and tell him in detail that you "fear for your life and the lives of your children". I wish you the best of luck. If you need any more help, you can email me.

    legalmommy101

    Answer by legalmommy101 at 7:51 PM on Feb. 4, 2010

  • Also, since these are "threats", give the judge an example of a time where he made a threat and he did follow through with his threat. That's all the proof you need.

    legalmommy101

    Answer by legalmommy101 at 7:52 PM on Feb. 4, 2010

  • go to www.womanslaw.org and link on KNOW THE LAWS then go to your state of residence and see what it says. There are great tips on this site for those being abused as well.
    admckenzie

    Answer by admckenzie at 8:08 PM on Feb. 4, 2010

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