Leaving husband, need advice

[tonyhd96]

What is the name of your state (only U.S. law)? Michigan


I am planning on leaving my husband tomorrow, someone has mentioned that he could claim I am kidnapping our daughter if I take her with me. Is this true? Are there steps that I should be taking?

 

[LdiJ]

What is the name of your state (only U.S. law)? Michigan


I am planning on leaving my husband tomorrow, someone has mentioned that he could claim I am kidnapping our daughter if I take her with me. Is this true? Are there steps that I should be taking?

No, sigh...he cannot claim that you are kidnapping her if you take her with you. You both have equal rights where she is concerned, at this point.

However, if you move out of state with her, and he rushed to court, he definitely has a better than decent shot of getting you ordered to return her to the home community until custody is decided in court. So I hope that you are not planning on moving out of state with the child.

 

[tonyhd96]

No, not leaving the state, not even leaving the county.

 

[mistoffolees]

No, not leaving the state, not even leaving the county.

Talk with an attorney before making any big moves. For example, if you deny him access to the daughter, then it could be used against you in a custody determination.

The ideal situation is to file for divorce, and then request a temporary custody and visitation determination from the court.

Make sure you follow all the court rules wrt money, etc.

 

[LdiJ]

Talk with an attorney before making any big moves. For example, if you deny him access to the daughter, then it could be used against you in a custody determination.

The ideal situation is to file for divorce, and then request a temporary custody and visitation determination from the court.

Make sure you follow all the court rules wrt money, etc.

I agree, but that doesn't mean that she cannot take the child with her, nor does it necessarily mean that she would get dinged by the court if the denial is very short term, until they get into court to determine a temporary schedule.

I only say this because you never know which parent is going to end up doing the denying. She could follow your advice, do the right thing and give dad time with the child and then dad could end up denying the child to her as well. Neither one of them would necessarily get dinged if it was very short term.