lynn Posted July 31, 2009 Share Posted July 31, 2009 My sister's dh walked out after 20+ years of an unpleasant situation for her. Let's just say he's a jerk to put it mildly. That aside he already called the cops on her saying that she stole his paycheck, which she didn't she deposited it into their joint account. (This is the kinds of things he has done over the years). My sister who lives in Carolina wants to get away for a couple of weeks and bring her 14 year old dd with her. But bil would be ( fill in the blank) enough to call the cops and say she kidnapped his dd. Can my sister legally bring her daughter with her on vacation and what exactly would happen if bil did call the cops with this claim. There is no legal seperation or any such paperwork as of yet. Any information would be great. Thanks Quote Link to comment Share on other sites More sharing options...
Perry Posted July 31, 2009 Share Posted July 31, 2009 My sister's dh walked out after 20+ years of an unpleasant situation for her. Let's just say he's a jerk to put it mildly. That aside he already called the cops on her saying that she stole his paycheck, which she didn't she deposited it into their joint account. (This is the kinds of things he has done over the years). My sister who lives in Carolina wants to get away for a couple of weeks and bring her 14 year old dd with her. But bil would be ( fill in the blank) enough to call the cops and say she kidnapped his dd. Can my sister legally bring her daughter with her on vacation and what exactly would happen if bil did call the cops with this claim. There is no legal seperation or any such paperwork as of yet. Any information would be great. Thanks She needs a lawyer, today. Quote Link to comment Share on other sites More sharing options...
Whereneverever Posted July 31, 2009 Share Posted July 31, 2009 Yes, please encourage her to get a lawyer. Family law situations can be very sticky. Quote Link to comment Share on other sites More sharing options...
athena1277 Posted July 31, 2009 Share Posted July 31, 2009 She needs to get the legal ball rolling. If they are separated, she needs to have something that says she has custody. Quote Link to comment Share on other sites More sharing options...
Ellie Posted July 31, 2009 Share Posted July 31, 2009 Perry is right. Your sister needs an attorney, immediately if not sooner. She needs an attorney, even if she doesn't plan to go through with a divorce. BTDT with friends more than one time, I'm sad to say. Call her right now and tell her to get an attorney. Right away. This instant. I'll wait... Quote Link to comment Share on other sites More sharing options...
TeenagerMom Posted July 31, 2009 Share Posted July 31, 2009 In most states, as long as there is no temporary or formal custody agreement, she can take her daughter anywhere she wants. As long as she is leaving town for just a few weeks, I would suggest she go to her local police department, clarify that she is going to visit with family for a few weeks, but is coming back, and she does need to get an attorney. Quote Link to comment Share on other sites More sharing options...
TraceyS/FL Posted July 31, 2009 Share Posted July 31, 2009 Lawyer. Today. Quote Link to comment Share on other sites More sharing options...
OHGrandma Posted July 31, 2009 Share Posted July 31, 2009 She can take her daughter and he can't say she's kidnapped her. But he can also take their daughter. What he can do if she goes on vacation out of state for a few weeks with their daughter: File for divorce & custody with an order to return the child to their home state. Change the locks on their house. File to keep her out of the house until divorce settlements are made. While he may not win anything, just filing for those things will make her jump through hoops unneccessarily. It might give him an upper hand on getting custody if he presents it as "she left, took our daughter, cut me out completely". Like everyone else said, she needs to see a lawyer. She probably should not go anywhere until she has seen a lawyer. If she is in need of physical protection, she needs a lawyer ASAP, and then get to a safe spot. Quote Link to comment Share on other sites More sharing options...
Gwen in TX Posted July 31, 2009 Share Posted July 31, 2009 He can claim that she abandoned the house, which strengthens his case (also in custody matters). The taking the child to another state is secondary. Until officially separated and legally being allowed the house, she shouldn't leave. She should also immediately change all the locks. Quote Link to comment Share on other sites More sharing options...
gingersmom Posted July 31, 2009 Share Posted July 31, 2009 Your brother in law sounds like my X husband. He tried something similar, called the cops and when I eventually showed up they sent him on his way. As everyone else has said I would get a lawyer. And depending on his behavior she may want a restraining order also. Quote Link to comment Share on other sites More sharing options...
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