Reply to Quick legal question-Leaving with the kids overnight

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][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]

Disagree. He's used physical force in the past, and she needs to protect her kids. I don't think any court would punish her for this - my ex did the same, and he got trounced for it in court. (This was just one of many things he did.) You fled the house for one night - you are not denying him access.

But OP, you do need to talk to an attorney asap - but for free, you can call and domestic violence hotline this very minute. They will help you think this through.

And next time, you'll need to call the Police. I was so ashamed, but I remember my therapist saying, "If he hits you again, and you call the police, this will all be over soon." I didn't end up needed to call the police again because I asked him to leave the house permanently, but I'll never forget my therapist's words.

OP, don't let anyone scare you. If you think he's getting violent, GET OUT OF HIS WAY, call the police, and call an attorney. ((HUGS))
[/quote]

[b]Unless OP has contemporaneous evidence of prior violence (e.g., police report, text/email to a friend about him hitting her, eye witness account), she's going to face an uphill battle on this. That's why she needs to talk to a lawyer before she takes the kids again.[/b][/quote]
What PP said.[/quote]

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