WHEN A WIFE ABANDONS HOME & TAKES KIDS AWAY

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Latest post Thu, Jul 30 2009 10:22 PM by Jsmitten-Esquire. 10 replies.
  • Mon, Jun 8 2009 11:48 AM

    Sad [:(] WHEN A WIFE ABANDONS HOME & TAKES KIDS AWAY

     What rights does the husband have when his wife just plans her move for weeks without anyone's knowledge and 3 days ago in the middle of the night while my brother left for work around 3 am, she had someone help her take out the kids mattresses and the bedroom plasma tv & then takes the children more than 200 miles away- from Tampa to Miami. As if that is not bad she also took out more than half of the money in the bank account. (Big Chunk)  Isn't that kidnapping & stealing?
     There is no abuse of any kind in the marriage. Basically it comes down to she is a party girl and loves being out and while my brother is a home body (much to boring for her) They just renewed their vows on Valentines day this year but after 2 months they clashed again. My brother moved out of their room into their son's room and basically stopped communicating with her just to avoid any problems with her.
    As we now learn she states that she took more than half of he money because she has the kids and plans to put the oldest child in private school and she's rented somewhere (we still don't know where) and is going to live off of the money because she is not going to work for a month or two. 
    She had a great paying job & a big 2-story beautiful house. Why would someone take that away from their kids. She can claim that she is always with her kids, but it's balogne. My brother, my parents & myself are really who take care of the kids while she is out and about at work, gym, mall, during cosmetic surgeries & sometimes while she leaves to Miami and doesn't want to take the kids with her. The times that she did take them, we would hear from her son, that she would leave at night & come back during the middle of the night.

    My brother w... fight for his rights but is afraid that the law is always on the mother's side. All he wants is to have his kids with him or near him. He is offering her to come back to the house and he will leave so that she can have the house but she just wants to be in Miami (where the party is) and wants the house up for sale.

    His wife is a very, very smart and manipulative person and always gets her way. With all that she is doing, she is still calling the shots, even from Miami. 

    What is the man's rights in the case. Can he fight for his kids to either come back home or live within the 50 mile radius. Can he fight for the money that was also belonging to him. 

    Can anyone please help us?

  • Mon, Jun 8 2009 12:24 PM In reply to

    • kath21
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    Re: WHEN A WIFE ABANDONS HOME & TAKES KIDS AWAY

    Brother needs to consult with an attorney; a court order CAN force her to bring back the kids as fathers DO have rights, too.  Same with the marital money; a court should be alloting the assets fairly.

    But none of that will happen without a court order.  Dad needs to spend a few dollars on a consultation with a family law attorney.  Good luck.

  • Mon, Jun 8 2009 12:32 PM In reply to

    • LynnM
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    Re: WHEN A WIFE ABANDONS HOME & TAKES KIDS AWAY

    It's not kidnapping to move your own children.

    He needs to contact a local divorce attorney, file for divorce and ask for an emergency custody order.

  • Mon, Jun 8 2009 1:05 PM In reply to

    Re: WHEN A WIFE ABANDONS HOME & TAKES KIDS AWAY

    You are telling me that it is not kidnapping when someone gets up takes all her things, takes her kids without anyone knowing - not even the kids. The older kid freaked out about the situation.  The spouse worried wondering if they are even okay. The kids thinking they are going to Miami for some fun but not knowing that they probably will never be with the dad like it used to be. All because their mom just loves the Miami lifestyle.

    The kids didn't ask to be away from their dad or away from the people who are the ones who take care of them.

    I don't understand but, to me it is kidnapping to take someone away without them knowing the concept of what really is going on. Where are their rights? (Just because it's the mom that took them, it's not kidnap)? 

    Am I still wrong for thinking this way?

  • Tue, Jun 9 2009 10:23 AM In reply to

    • SPlum
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    Re: WHEN A WIFE ABANDONS HOME & TAKES KIDS AWAY

    It's not kidnapping because they are her children.  Unless there was a court order prohibiting her from taking the children, she was free to do that.

    The money in the bank account - marital money.  He doesn't get to claim it's "his" money. 

    He can absolutely fight for the kids return. He needs to consult local counsel and file a motion for their return and for him to have custody.

     

  • Thu, Jul 30 2009 11:39 AM In reply to

    • kenneth2814
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    Re: WHEN A WIFE ABANDONS HOME & TAKES KIDS AWAY

    OK.... so you are saying that if there is no cort pappers i could get my kids? my wife left me and has my kids. she is leaving with another man and has had my son in about 6 school's and he is onely in 1st grad. the guy that she is with drink's and has beat her up the last time she left me she was with him. and the guy does drugs too. so if I find out if this is where she is if my child is out side playing I could pick them up and leave??? and then i would go file pappers on her.... there has been no legal pappers at all and she tells me that my kids do not ask about me and they dont talk about me I know she is just trying to hurt me...????????

  • Thu, Jul 30 2009 12:26 PM In reply to

    • LynnM
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    Re: WHEN A WIFE ABANDONS HOME & TAKES KIDS AWAY

    Consult a local attorney. You should probably file for an emergency custody order first.

  • Thu, Jul 30 2009 12:49 PM In reply to

    • kenneth2814
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    Re: WHEN A WIFE ABANDONS HOME & TAKES KIDS AWAY

    But if i get my kids then i could go down and get a layer and get the works going I have not seen my kids for over a month or so. and I know they are around drugs and drinking the guy that she was with. had hit my wife and she went back to him and he had hit my child on his back because my son told me. there has been no cort pappers at all so I could get them and there is nonthing she could do.

  • Thu, Jul 30 2009 2:26 PM In reply to

    • SPlum
      Consumer
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    • Joined on Tue, Mar 11 2008
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    Re: WHEN A WIFE ABANDONS HOME & TAKES KIDS AWAY

    As advised previously:

    Consult a local attorney. You should probably file for an emergency custody order first.

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