Question: Can My Wife Take The Children If She Leaves?
My wife says she is leaving and taking our children. Can she legally take my children with her when she leaves?
Answer:
No, as long as the two of you are married you have the same legal rights to your children that your wife does. Tell her to go but she has to leave the children with you. Married couples have joint legal custody and joint physical custody of their children until and unless the court determines otherwise.
I have two suggestions for you:
- Consult an attorney before she has the opportunity to file for a divorce. You need an attorney who will file a petition for custody and an access order. Doing this will mean you filing for divorce but, it will always mean you protecting your legal rights as a father.
- Have your attorney try to come to a written agreement with your wife's attorney regarding the children. The agreement should cover...post continued
If she runs to another state before you file for divorce and claims abuse, she can certainly run away with the children. The courts in the other state will seek to protect the children “out of an abundance of caution”. You will have to hire an attorney and spend oodles of money you may not have just to clear your name.
I know, because it happened to me. Thank God, it only took 13 months, but I have my children back and they ALL live with me. The mother is still in California licking her wounds. However, that lesson came at a pretty price. I owe so much money it’s sick.
Please note that the UCCJEA (Uniformed Child Custody Juridictional Enforcement Act) protects you from this, BUT ONLY if you have filed for divorce. Notice that Cathy said you need to find an attorney. She wasn’t kidding with that advice. Do it and do it now. Put your feelings aside in this matter and realize what is best for the children – TWO PARENTS! Obviously, your soon-to-be Ex doesn’t feel that way, otherwise they wouldn’t have threatened to leave with the kids in the first place. Do you and your kids a favor and DO IT NOW! If you wait, you will only regret. You must strike while the iron is hot.