Hey Guys and Gals, Quick question for any lawyers on the board. With out getting into the details, I wife is acting a little weird and I think she will attempt to take my 3 children out of state with her to Maryland. ( We are not divorced) What’s rights as the father do I have, and how can I prevent this from happening. Any advice would be greatly appreciated. Thanks, Jack
You should consider speaking to a family law attorney. Your situation sounds complicated, and I'm not sure there's a clear cut answer for you.
I would second locking her in the basement. She'll usually snap out of it with food deprivation and occasional sips of water. I mean, erm. Just the basement.
This guy is right. See a lawyer, and do it BEFORE she leaves with the kids. THIS IS CRITICAL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I have some time, I guess for now I will feel her out and try and figure out what her exact motives are. I just wondering if I can get a court order for the kids not leaving the state without filling for divorce?????
This is the wrong thing to do. It's what I did and I spent $15k battling jurisdiction and didn't see my kids for 9 months. Go to a family law attorney this second. Do not wait. Do not feel things out. THAT IS THE WORST THING YOU CAN DO. She has a right as a parent to take the kids and there is NOTHING you can do about that This is why it is imperative that you act first. I'm not a lawyer but this is how I believe it works. You will file first and in that you will ask for a domicile restriction to be put into place. I guarantee you that you do not want to battle this thing across state lines. It is the most horrible experience that I have ever been through. I finally won but I still had to go through the war and it was exactly that, a war.
I'm not a lawyer but you should do as suggested and see a lawyer immediately. Your children are worth more than a lawyer's fee so stop dragging your feet.
Maybe you should stop doing whatever it is that is causing her to want to take your 3 kids with her to Maryland.
If she lets you know where she is, it is not kidnapping. They are her kids just as much as they are his. She can run off with them as long as she let him know within a certain amount of time where they are.
Short answer is sort of. You can file an injunction but you'll need more than "she is acting weird." However, if she goes, you also have to consider that being in Maryland means she could file a diversity suit against you up there. That means you would have to travel if you are served. Burnham v. S.C. 495 U.S. 604, is a good example of this happening (woman leaves man with kids to California, they were living in NJ, after some marital problems and files for divorse). Now technically the laws state that she can't serve you unless there is some sort of "jurisdiction," ie. you go to Maryland. If you don't that would mean not seeing your kids (if it is serious). Either way, if you want to win custody you will have to do it on her turf if she leaves with the kids. This is not only bad for obvious reasons (money, expense, travel, work), there is also a precedent for courts siding in favor of the plaintiff in a diversity trail (and there is also an understanding that women often get the benefit of the doubt for summary judgment ie. facts of the case will be seen in the most favorable light for your wife). I think you have the right idea. Find out what is going on and if a divorse is what is necessary, try to handle it locally. Once she goes, you have little chance of gaining a majority on custody. If you talk it out now figure out what's up maybe you can work things out. Most importantly, it avoids having to put your kids in the middle of what could be a long and engaging legal process. My 2 cents, communication is key. -V
That post was so complicated I couldn't even read it. All I saw was "divorse" I would refer you to Miss Tammy Wynette.
If she leaves and you file for divorce, Texas can use a long arm statute to keep jurisdiction here. Just make sure that you are the first to file. If you file for divorce the atty that represents you will also file a SAPCR (Suit Affecting the Parent Child Relationship). All the custody and child support issues will be included in that and you will have to come up with a parenting plan. I agree with the others, start calm communications now. Any of the kids 12 or over? They get to pick who they live with...