Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Marriage & Divorce

wife wants to leave home and take kids?
Find answers to your legal question.





wife wants to leave home and take kids?

a friend wants to take the children and leave the house. Her husband has become abusive. She doesn't have a job, but i gave her phone numbers where she can get help. Husband said she can not take the child with her. Can she leave with the child without a restraining order on him or even a Police report? she has yet to report him. I am afraid she will stay because of money what can she do?







ladybug
The the kids with her and run.


Mechelle T
Yes she can leave and she needs to either go to a safe shelter or someplace he can't find her. They both have custody and he cannot keep her from leaving.


Common sense isn't anymore..
Rating
She can leave with the kids, he said that to scare her. as for keeping them though, she will need to file for custody and cite abuse. So a police report might be wise


Sup Plicating
Rating
She should contact a legal aid attorney and a women's shelter immediately.

Though, I say that if she feels it's a bad enough situation to remove the children, then it's bad enough to get police involved.


Amber
Rating
Not having a job is not a reason to stay in an abusive relationship. There is always family that will step in and help someone who is in this situation. ( I have been there myself) She can leave with the children, but that does`nt mean he is not going to pursue her.

The first thing she would need to do is get temporary custody from the courts. If she leaves with the children and does not obtain that, then he can just come and take the kids from her if he wants and nothing is there to stop him.

Once she leaves, if he threatens her, or harasses her, that is when she can get a restraining order against him.

Getting her and her children in a safe place should be her first step, filing for custody second, and then she can worry about finding a job. It is amazing how many offers come through when someone is in this type of situation. I was offered a job 2 days after leaving my ex, yet had such a hard time finding one while I was with him.

I am sure she feels hopeless right now. You need to reassure her that this is the move to make and that you and others will be there to support her while she is going through this difficult time. When we know we have support it is much easier to make this type of move come to life.


CindyLu
If she leaves she MUST Take the child with her. If she leaves the child behind, no matter what the reason he will claim that she has abandoned the child and sue for sole custody. He will do this to hurt her and to scare her into staying with him and accpeting his abuse.

She must take the child because if she leaves the child with him he will most likely begin to abuse the child and take his anger and frustration at not being able to get you out on the child. The child is even more defensless than your friend. She should not listen to her husband who will say and do anything to first keep her under his controll or to hurt her as much as he can.

There are shelters where she can go with her child and they will help her to get back on her feet and away from the abuser. She must do what she knows is right and not let this big bully frighten her into doing what he wants.


Dating Coach
You have already given her the advise, it's up to her to take it or leave it. She must decide what she wants to do.

Most people in abusive relationships go back to the relationship 7 times before they stop going back. It either takes the police arresting someone or some major event to them to leave.

If the police show up at her door, that called a clue.

She should call 911 next time or leave before it happens. She does not want to work or get a job, so she stays, because that's what she wants.


Momma Fearless
Rating
She needs to get out of there! Whether she has made a report or not, she is taking the children out of a dangerous situation. Because the husband is abusive to her, this means he will loose his children in a second if she steps into action. The way the law will see it: if he is abusive to her, there is no reason why he cannot be abusive towards the children.

She needs to make a police report, file for a restraining order, and a divorce. In the divorce, she will get both child support AND alimony (until she remarries). If he has a lot of money, then most likely she will get a lot of it monthly. The court will not say no to this because of the abuse.


sheloves_dablues
Rating
Of course she can leave. And yes, take the child with her.







Legal Discussion Forum

 do women love what men can do for them more then the man it self?
...


 Have you ever known a guy to think it was funny to have a few drinks and put on some of your bras and?
panties ?

I mean yes, it was quite funny, but I'm wondering if this is probably a one time thing, or if my dresses are next ?

And yes, I'm a bit of a curvy gal and he ...


 Have u expereinced a PAINFUL divorce?
...


 Should I feel bad for wanting to be happy?
My husband died over a year ago by his own choice. We have children and as Im sure everyone can understand the devistation. However, things were not the greatest between us. He had a condition which ...


 In the case of a divorce being filed due to domestic violence, what would happen to house/money?
Hey (just to clarify, I live in Scotland, uk)

So my father is very abusive mentally, emotionally and verbally. He also throws things about, shouts, swears, etc etc
He harasses my ...


 Why is it that just, because a man is attracted to a woman, he has to have an affair with her?
...


 What does it mean when a girl calls you a stud?
When a girl calls you a stud or say you are such a stud, what does that mean?...


 Are in a happy fulfilling relationship?
if so, how long, how old are you
it seems we have so many unhappy people on Y/A,...


 Husband and I don't talk much sometimes...what does it mean?
For instance, a lot of the time when we are on the phone I initiate all of the topics of conversation (and sometimes I can't think of anything good so it turns to small talk) and a lot of the ...


 who gets to claim the kids?
me and my ex are working towards either getting divorced or legally separated. hopefully all will be final within the next few months. both of us have moved on with our lives and there is no chance ...


 Male postnatal depression - is it a myth? How long does it last?
I was recently informed it can last as long as the child grows up and leaves the house (circa 20 years)....


 A hypothetical question for men with wives or girlfriends?
Ok lets say that for one night you could go to a brothel and sleep with any woman you like and also you could have the most expensive and good tasting wine and the best beer. Whatever you do, you ...


 My friend in work said she saw my husband kissing another woman?
She's met my husband once, so I see no motive in her lying she has nothing to gain in this situation, I confronted my husband told him everything she told me, gave a full description of the ...


 Based on the events of the past month or so, which of the following movies?
best describes your relationship with your spouse/SO?

A. Odd Couple
B Stepford Wives
C. Sleeping with the Enemy
D. Home Alone
E. It's a Wonderful L...


 How do I get over my ex wife? I'm going through a divorce and I just want to know how to get over her?
How do I get over my ex wife? I'm going through a divorce and I just want to know how to get over her
I do believe she is over me and I believe that she has moved on. I just want to know if ...


 Why are men so adamant about cheating?
...


 How many nights a week should a married man be allowed to go out drinking with the boys while wife watches kid?
...


 What is a great excuse to tell people where I been/what I've been doing lately?What would you use to alibi?
Just any events for each day I can tell my friends what I've "been doing". I've actually been homeless and on the streets but they don't know that so I need some busy excuses!...


 Where is this going? Is there any hope of a relationship?
I've known a guy for the past 2 months. I had just broken up with my boyfriend when I met him and I wasn't that attracted to him....yet , we kept seeing each other and he told me he's ...


 I gave my fiance oral?
Okay I don't have a gag reflex.. and I can deep throat my fiance without gaging.. I don't mind it in fact I really like it lol that's beside the point.. But now my throat is extremely ...




Copyright (c) 2009-2013 Wiki Law 3k Friday, April 18, 2014 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.034