[Justified]

If my wife leaves me can she take our children with her?

[Kurosity]

Yes she can unless there is custody established that gives you physical custody because as a married couple you both have physical custody of the children which means she can take them whenever she wants where ever she wants.

If you are worried then speak with a lawyer and get your rights figured out.

[Justified]

Thanks Kuriosity & One Man for your responses. I was told that my wife can leave our house but could not take our 5 yr old with her. I was also told that I should see a lawyer & file for a divorce to protect my custody rights. What if I don't want to file for divorce because I am still hoping we can reconcile?

[chapparal]

Originally Posted by Justified

Thanks Kuriosity & One Man for your responses. I was told that my wife can leave our house but could not take our 5 yr old with her. I was also told that I should see a lawyer & file for a divorce to protect my custody rights. What if I don't want to file for divorce because I am still hoping we can reconcile?

You can probably file for primary custody without filing for divorce. Ohter people here have done it but it may depend on where you live.

[Kurosity]

I would really look at the options you have where you live. I live in a "mother state" so it is harder for fathers to get anywhere with custody issues. (I hope it changes soon)

A friend of mine actually came home one day and her husband had taken the kids with him to his mothers. When she called the police they said there was nothing they could do unless she had court awarded custody so she had to fight real hard to get them back. Took nearly a year and her custody papers state that he can not take the children out of state or country with out writen consent from her.

So when I said she could take them anywhere she pleased that was what I meant. Sorry if I mislead you. I did not mean to.

Sorry that you are facing this and I hope that things get better for you

[Kurosity]

Originally Posted by Justified

Thanks Kuriosity & One Man for your responses. I was told that my wife can leave our house but could not take our 5 yr old with her. I was also told that I should see a lawyer & file for a divorce to protect my custody rights. What if I don't want to file for divorce because I am still hoping we can reconcile?

Contact a lawyer and see what you can do for now. Look at the legal seperation laws in your state. I know that some allow for a custody to be figured out during the seperation and visitations and the like. First things first protect your rights and a lawyer will know exactly what you need to do a divorce is not the only way to establish custody.

Best of luck.