If i were to decide to leave?

Question

my husband, taking my 2 kids with me, because of abuse, would my husband be able to get me for kidnapping?

Answer 1

Check with a local woman's shelter before you make any big moves. If you have custody you can take them. But there are laws about state lines and what rights the father has. If has not been found guilty of anything and you have no proof you will find the law on his side. Then things will get even worse for all of you if you have to come back. Play it smart.  

Answer 2

no. As long as you are just splitting up and a judge or court has not decided he IS in custody of the kids.

Answer 3

Unfortunately, yes! And even women domestic violent shelter will ask you for provable documents, such as police report for domestic physical abuse or/and hospital medical records, before they can provide any service for you. Have you gone to marriage counselor or any kind of mental health service? If so, their paper works might help but depend on circumstance.  Before you make any big move, write down every detail of his action daily and find you some witnesses whenever abuse occur.

Otherwise, it’s your words against his! Wouldn’t recommend you just walking away with children unless you are in danger.

Answer 4

No, he would not.  You have as much right to them as he does.  Until the court order stipulates who has custody, you can take them wherever you want to take them.

Answer 5

Your not kidnapping.  Their your kids.  BUT It's very important for you to file as soon as your out that door!   In a few states I've lived in, the courts automatically give the kids to the parent who files  first, no matter the reason for the one leaving did.

Answer 6

Do you have proof of the alleged abuse police reports etc? to just disappear with the children without notifying him in writing and the court with a motion of separation this is a violation of the law called parental kidnapping and is a felony.And even if thier is proof of abuse if it is not directed at the children but only at you he still has the right to visit his children under supervised visitation.The law views a failed marrage as just that,verbal abuse for instance is very difficult to prove in a court of law, who hasnt said something mean to thier spouce befor and if not directed at you then he still has a right to his children, the law calls it fair ammicable parenting time.No matter your feelings for him if he did not harm the children(and agin you need proof)beyond just you saying that it occured  good luck to you.

Answer 7

It would be better to file for divorce and legally ban him from the house. But to answer your question, if they are your children then he could not have you arrested for kidnapping.

Answer 8

Depends on individual state laws.

Answer 9

You aren't kidnapping. They are your kids. His offense is a lot worse and is the reason for the "kidnapping." Which is like the killing-him-in-self-defense plot. There is a reason why you do what you do, and it's because THEY are the bad ones.

You must do whatever needs to be done to protect yourself and others.

Answer 10

You're not kidnapping. Please get a restraining order as soon as you leave.

Answer 11

No. He can't make claims of kidnapping if there is no court documentation stating so. If neither one has filed for visitation.rights, then you are free to go. But it goes both ways.  He can take off also.

Answer 12

have you ever reported this abuse?  To the cops? or anyone? If there is a police report for domestic disturbance or assult...then no.  And i'm thinking Kidnapping would mean court hearings to prove.....and i think he could only press the kidnapping thing if he had a custody order as it sits now if he doesn't you can go anywhere you want with your kids, for any reason.

Answer 13

Technically, yes.  You need to go to a woman's shelter, if you and your children need protection.