Reply to Quick legal question-Leaving with the kids overnight

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[quote=Anonymous][quote=Anonymous]Not a lawyer 
Unless and until there is a custody order in place you each have the same right to your kids at all times. You may take them where you please, generally. [/quote]

This is true in a very general sense, but it's viewed differently when it becomes about taking the kids away from the other parent and not just taking them to the park or to visit grandma without the other parent.

OP, you really need to discuss with a lawyer how to handle this properly. It would be one thing if there was a threat of physical violence that caused you to leave with the kids, but if you took them away from him just because you didn't like what he was saying, that can be used against you later in custody proceedings. Especially because you refused to tell him the location of his children, that plays really badly. It will be put together into a picture of you having a pattern, even pre-divorce, of withholding the children from him and refusing to let him have access to them. If a judge becomes concerned that it will continue/get worse after the divorce, you might end up with an unfavorable custody determination in order to preserve his access to the children.[/quote]

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