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Where Can I Legally Take My Child?

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  • 07-04-2008, 12:03 PM
    Tidgie82
    Where Can I Legally Take My Child?
    My question involves a child custody case from the State of: Washington

    My husband and I have only been married 3 short months, though we've been together for 5 years. When I found out I'm pregnant, we got married. We thought it would be best and that our relationship would somehow magically get better now that we were going to be a family. That not be the case. I am 7 months pregnant and will be speaking with a lawyer hopefully soon after the holiday passes. I am planning on moving back to my home state, Wisconsin as soon as possible. My only family out here is my mom and brother, whom I'm estranged from. The rest of my very supportive family and friends are back in Wisconsin. Is it legal for me to move across state lines while I'm pregnant with his child? Is it considered kidnapping? Would I be waiving my rights to child support? What would his rights be as far as trying to gain custody or visitation?
  • 07-04-2008, 12:32 PM
    panther10758
    Re: Where Can I Legally Take My Child?
    You are not entitled to move a child away from his/her Father making contact difficult. However with no current court order you can pretty much do anything. He can of course petition court for custody. It would be wise to consult an Attorney before you move. Since you are creating the distance it could be on you to pay for transportation for any visits
  • 07-04-2008, 02:29 PM
    CourtClerk
    Re: Where Can I Legally Take My Child?
    I would advise your husband to IMMEDIATELY file for divorce in Washington the minute you left for Wisconsin, with or without the baby being in utero. The court will then order the child back to Washington. Whether you want to come with will be up to you, however, the child will be back where dad can have contact.

    And until you establish residency in Wisconsin, Washington will have jursidiction, so you won't be able to legally file for divorce in Wisconsin for quite a while. You have to understand that the only family that matters here is the family of the baby. That being mom and dad. The family twice removed is irrelevant.
  • 07-04-2008, 03:26 PM
    Tidgie82
    Re: Where Can I Legally Take My Child?
    Maybe I should better explain the situation since I've appeared to make myself the bad guy by what I intend to do. The reason I want to take this action is he has always been abusive verbally, and has recently started being physically abusive. He doesn't "beat me" per se, but he doesn't hesitate to hit me, kick me, punch me, throw things at me, out of anger. I grew up in an abusive home and I want better than that for my son. I have some friends who have witnessed how he can be and I intend to use them as witnesses when the time comes to prevent him from gaining custody of my son and possibly abusing him.
  • 07-04-2008, 03:29 PM
    panther10758
    Re: Where Can I Legally Take My Child?
    Ok we get it hes a POS. However that does not change fact he felt him ok to make a baby with. It does not alter or change his rights as Father of the child! If he chooses to take yu to court he will get some sort of visitation and could drag your butt (with the child) back
  • 07-04-2008, 03:31 PM
    CourtClerk
    Re: Where Can I Legally Take My Child?
    My answer remains the same.

    Even if.

    You have to remember, this is not just YOUR son, it is HIS son also and as such, he has equal rights to the child you created WITH him.

    Has any of this "abuse" been documented with the courts and/or the police? Sad to say, that because a person abuses you does not make him a danger to the CHILD (by law), only says that he "abuses" you.
  • 07-04-2008, 06:54 PM
    distressedmom
    Re: Where Can I Legally Take My Child?
    If you move out of state then trying to get a court order for child support and sorting through custody will be a nightmare. Its best to get the orders while you both live in the same state.
  • 07-04-2008, 07:01 PM
    CourtClerk
    Re: Where Can I Legally Take My Child?
    I'm going to correct distressedmom because she is incorrect.

    Sorting out custody will NOT be a nightmare, nor will trying to get an order for child support. It will be done in the home state of all those involved, Washington. Seems pretty easy to me. It only becomes difficult if the OP has to pay for gas money from Wisconsin to Washington for every hearing.
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