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check your local laws, I am not familiar with WI laws specifically. You could check with a local woman's shelter and they may be able to direct you to a place to find the legal information you are looking for. In most states it isn't considered kidnapping to go someplace with your children even if you don't have the other parent prior consent. But the other parent cannot be denied permission to see their children. Some states do stipulate that you must remain within state lines, and others don't have that stipulation. If you feel threatened you can get a temperary protective order that will allow you to seek refuge without having to let your spouse know your whereabouts or to have any contact with you or the children.
Probably not a problem unless you leave the state. I think that is a no-no. But to be on the safe side, do ask a lawyer. I tried to find some info for you on the web, but didn't google the right phrases I guess.
Good luck,
Diva
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"Speak your truth quietly and clearly..." Desiderata
I've been googling all kinds of phrases since last night and can't really find anything. I am not moving to another state. He knows exactly where I am going and have told him several times he is welcome to come see the kids (or I will bring them to him) when he wants to as long as he hasn't been drinking or smoking pot and he understands that.
I agree with the suggestion to try the local Women's shelter - especially if you explain the alcohol & illegal drug use.
I believe in some cases Legal Aide & the Women's shelter have attorneys that will give assistance at discounted rates or even free in cases of abuse (physical or emotional)
Take care of you & those precious children,
Rita
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No matter what me and my God are going to be ok, even better than OK -
Generally, if you are not divorced, parents have equal rights to the children, so that it is not "illegal" for you to move. If you are divorced or legally separated, many states have laws that require the custodial parent to notify the non-custodial parent of the intention to move more than 100 or X miles away. This gives the non-custodial parent an opportunity to object, have the court decide if the move is in the children's best interests and modify visitiation accordingly.
You could contact local attorneys for a free consultation (many smaller offices still do that). Or check the website for the local or state bar association. Many of them have links to a pro bono project (legal assistance for little or no money based on need).
Good luck!!
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Do not be anxious about tomorrow; tomorrow will look after itself. The Bible, from Courage to Change, p.138
I will re-state what the others have said - Contact a lawyer or a woman's shelter to be sure of your rights.
But where I live, I believe that a parent can pack up the kids and leave the other parent without a problem. Now I don't know what the laws are after you have separated/divorced and the courts have already gotten involved in custody. My sister gathered up her kids earlier this year and left her extremely abusive husband. She didn't tell him she was leaving and didn't tell him where she went. She just disappeared one day. Of course, b/c of the danger to their well being, she got the county police department involved and contacted a lawyer within a couple of weeks to get divorce procedures going. She now lives in their house w/all 3 kids and he is not allowed any where near them or to contact in any way - directly or indirectly. So that is just the experience I have here in my state.
Good luck to you. And don't let your A scare you into doing something that you don't think is right just b/c you think he may be right. Knowledge is key. Know your rights and take action to put that knowledge to use.
I have to go with SLS, as far as I know as long as you are still legally married and there is no custody agreement it is legal for either of you to take the children and go anywhere you want. Every state has different laws so I would contact the local court and just ask if it is illegal. I seriously doubt the sheriff is going to come after you unless you're kidnapping which would mean there is a custody order in effect.
I've only ever heard that you can't move them out of state w/o permission, and that's only AFTER there is a divorce and the father is granted visitation.
Within the same state it's OK because it's not a hardship for the father to see them. I don't think there is much said about moving away if you are married, in state or out.
Christy
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If we think that miracles are normal, we will expect them. And expecting a miracle is the surest way to get one.
Any woman's shelter, crime victims' assistance or legal aide should be able to answer this question for you. Did you try calling the police as well? They might have an answer for you. There are also free websites where you can email them a question and within a few days they get back to you. My guess is is that if you were talking to the A while he was active he definitely is clueless. It's not like you're taking them out of state, refusing visitation etc. You are trying to protect your family.
Love and blessings to you and your family.
Live strong, Karilynn & Pipers Kitty
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It's your life. Take no prisoners. You will have it your way.
My first thought is get to a lawyer and get something working for custody of your children. My second thought is think how many women leave with their children. If this was illegal anywhere wouldn't the jails be full of women? Just a thought. Best of luck durring this trying time.
Thank you for the responses. We are married and there are no custody agreements. I'm feeling a little less stressed out. I have an e-mail in to a Women's Domestic Abuse Program in the area I'm moving to. Patiently waiting for an answer...
I think lawyers will give you a half an hour free, or at least here they do, check into that and find out your legal rights. Always be prepared, for your A may strike back. This way you are armed with information, and you will know what is the correct procedure. And I also agree with all of the above. Good Luck, and take care of YOU!
I have made motions pro se regarding my ex husband and found that county courthouses in my state (NJ) has a library full of legal books that anyone can have access to for answers.
I suspect Diva is correct leaving the state could be a problem . But moving NO . Try to not let him threaten you , do what is best for you and the kids. Occasionally courts will allow a parent to leave the state , but do it leagally or u could be in deep doo doo . good luck Louise
