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  1. #1
    Join Date
    Apr 2010
    Location
    Nebraska
    Posts
    3

    Default Husband Left with My Children

    My question involves a child custody case from the State of: Nebraska

    Hello, I have been married for 13 years and we have two children under the age of three. Following an awful fight on Friday evening, my husband took our children and left (I was gone for a couple of hours, and he packed their things and left while I was gone).

    He's taken them out of state.. I'm certain back to where he grew up. He won't respond when I have called, emailed or texted, so there has been zero communication, and I sense through his extreme silence that something big is in the works. This has never happened before, so I know to take it very seriously. At this point, I do believe he is going to file for divorce and attempt to keep the kids with him. The kids, being my only concern.

    Before anyone asks, I could never be proven an unfit parent. I've never been away from my children, and there is certainly no history of abuse, or neglect, etc. Nothing on my husband's part, either.

    Where do I take it from here, with him refusing to bring the children back to their home state, and refusing any contact with me? Should I immediately try to file a "motion for temporary custody" in the morning.. or is that what you do during a divorce? I'm lost here. I've read everything I can on the internet regarding child custody this weekend, but most pertain to divorced parents... we are not.

    If I'm unable to get in for an appointment with an an attorney tomorrow (and I fully understand time is of the essense), is there anything that I can file at the courthouse tomorrow afternoon to initiate things? I fear with his fleeing to another state, I'll have to fight him there, for my kids - even though THIS is our home state. Can he do this to me? I'm afraid he's going to be one step ahead of me on this...

    I hear stories of people not acting, and being left in the dust because one spouse took action while the other one sat by and let things happen. I can't be that person. I've also heard that it's very hard to reverse temporary custody, so I can't sit back and let him do that first, and risk a fight to get my children back from another state.

    Any help, or advice on where I can start would be so much appreciated. Thanks for reading.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Husband Left with My Children

    Is where he grew up within Nebraska or a different state?

  3. #3
    Join Date
    Apr 2010
    Location
    Nebraska
    Posts
    3

    Default Re: Husband Left with My Children

    Hi there - he is from Missouri, not Nebraska. And I'm fairly certain that he went back to Missouri.
    Thanks.

  4. #4
    Join Date
    Feb 2010
    Location
    Shelbyville, KY
    Posts
    90

    Default Re: Husband Left with My Children

    Couldn't this be considered kidnapping?

  5. #5

    Default Re: Husband Left with My Children

    No, it's not kidnapping. Until there is a court order in place saying otherwise, he is their legal parent and has 100% legal ability to take the children with him.

  6. #6

    Default Re: Husband Left with My Children

    Call an atty for a free first consult, and ask about filing for divorce with interim custody. In most states you must establish residency before you can file for divorce, so it would be awhile before he could do that. File you're paperwork, publish notices as required, and follow all the rules. You need at least a temp order in hand (ex parte maybe? an atty would be able to help with that) to go after your husband and find the kids (unless you know where they are and can get them while hubby isn't there, since you have the same rights as he does). Good Luck.

  7. #7
    Join Date
    Apr 2010
    Location
    Nebraska
    Posts
    3

    Default Re: Husband Left with My Children

    Thanks for the responses, truly.
    I've learned from an attorney today, as someone stated, it's not kidnapping. He can take them. He actually can and it's his right.

    I'm forced to file for divorce and request an "ex parte emergency" something requesting custody, and custody is both parents until there's a divorce. I can't believe it... filing for divorce is my only option in initiating a demand for my children to be returned.

    Of course I could leave it. Sit here. Cry. But two attorneys at the law firm have said that if he is filing immediately in that state, requesting custody (which I believe he will do) - from that point forward I'm fighting to get my children back. So inaction is not an option. They said since he's been working (on and off, a unique situation) in MO the last two years, he'll have no problem 'establishing' he's had his residency there and at that point (regardless of where he filed his taxes), and I'm fighting him in Missouri. There will be no such thing as Nebraska being our home state.

    God, my life took a turn. Thanks again, your responses seem to have been spot on.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Husband Left with My Children

    Quote Quoting Mom of 2
    View Post
    Thanks for the responses, truly.
    I've learned from an attorney today, as someone stated, it's not kidnapping. He can take them. He actually can and it's his right.

    I'm forced to file for divorce and request an "ex parte emergency" something requesting custody, and custody is both parents until there's a divorce. I can't believe it... filing for divorce is my only option in initiating a demand for my children to be returned.

    Of course I could leave it. Sit here. Cry. But two attorneys at the law firm have said that if he is filing immediately in that state, requesting custody (which I believe he will do) - from that point forward I'm fighting to get my children back. So inaction is not an option. They said since he's been working (on and off, a unique situation) in MO the last two years, he'll have no problem 'establishing' he's had his residency there and at that point (regardless of where he filed his taxes), and I'm fighting him in Missouri. There will be no such thing as Nebraska being our home state.

    God, my life took a turn. Thanks again, your responses seem to have been spot on.

    I'd question jurisdiction - it's not his residency, but that of the children, which will determine where this will be fought.

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