Taking the child out of state/California

[JaneBoop]

Need to know if a mother can do this legally without be arrested for Kidnapping..no divorce has been started..no legal agreements of any kind for visitations...only separation has occured..father of child is threatening violence to the mother! Need some advise quickly!! Please help.

 

[lcollins]

Just bumping this one back up for you. Have you seen about possibly getting a restraining order against husband? If you've not yet started divorce proceedings do it now, and get proof of threats. They will help you. You will have to file for divorce in the county that you live in now - if you've been there for at least 6 mos. I do not know if there are legal ramifications if you leave the state now, with the children. Sorry.

 

[JaneBoop]

Thanks Icollins,
The person I am referring to is my daughter..and they are married but separated and everytime he drinks too much he threatens her and it is getting worse all the time..they have not either of them filed for a legal separation nor a divorce yet..so there is nothing in writing to prevent her from taking the daughter (she is 3 yrs old) out of the state..but He has her so afraid that she is afraid to take any action against him. He threatened her in the presense of thier daughter . And told her that is she took the child out of the state he would hunt them down where ever they went and would have her thrown in jail for kiddnapping..she beleives him and is terrified...I told her next sign of threats she is to get a temp restraining order on him and to not ever be alone with him. Also advised her if she was going to stay in CA that she needs to be the one that starts the divorce proceedings and then she would be able to set the custody rules. If she waits too much longer he will do it and then he has the advantage over her. She can't afford to pay alot for a divorce but I told her to use a paralegal.

I need an attornay if any are reading this to let me know what the consequences would be if she took the child out of state and came here OHIO and filed for a divorce from here..can she do it right away? or does she have to wait for 6 mos here.? And if she does can she be arrested for Kidnapping..I am trying to help her ..as she is so afraid. and I am afraid for her and the my granddaughter.!!

 

[JaneBoop]

Bringing this back up in hopes to get some legal advise here on this subject..please help.

 

[nailtech]

bumping this back up to the top for ya..

do you have a legal seperation agreement? if so does it state on there your not to move away?

my question is, if theres no papers of custody no legal seperation, how can you be "Kidnapping" your own children, as long as your the mother on the birth cert... seems you should be able to take your children anywhere to live... and all states(to my knowledge) have waiting periods for domicile... in reading, Ohio shows 6 months...

if she was to settle down where she wanted to live, then start procedings after domicile had been established, I feel once you file where you live now he can try to stipulate your not to move the children within so many miles from their home now... my husband wanted to try something like that.. it didnt fly... The catch 22 is... while she's in Ohio establishing domicle he can file in california for a divorce and custody she may have to return them to him... this is just my opinion.... not legal advice...


ohio statutes on kidnapping

main page on statutes

hope this helps, if you need further research, let me know...


California family law
(I read in one of these links once you start custody procedings you can not move the children out of state...)
nolo guide to kidnapping in california