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Do parental rights come into play to influence outcomes in restraining orders?

Discussion in 'Protective & Restraining Orders' started by legallychallenged, Oct 9, 2019.

  1. legallychallenged

    legallychallenged Law Topic Starter New Member

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    Jurisdiction:
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    If I asked my wife where she was taking my children and she refuses to answer, has she violated my parental rights? If she has violated my rights would this affect her ability to obtain a restraining order? Wouldn't she technically be kidnapping my kids since Im supposed to have equal rights?

    I mean you had damn well better believe if a man took the kids to be dropped off at an undisclosed address, the husband would have an amber alert put on him in heartbeat. Why the double standard?
     
  2. army judge

    army judge Super Moderator

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    Is there an EXISTING court order, read it, and your answers will become known to you.

    If there is NO existing court order regarding custody and/or visitation, she need not answer you.

    If you dislike that outcome, you need to hire a lawyer and instruct the lawyer to file a divorcee action and seek an emergency custody/visitation order.

    As long as you and the woman remain married, (and there is no custody/visitation order in effect) either of you are FREE to take the children anywhere you desire.

    There is normally one exception to that, and which involves removing the little darlings outside the contiguous US, Alaska, Hawaii, or any US territory (as in Guam, American Samoa, Puerto Rico, etc...).



    This question can't be answered without you revealing more details, which I advise you NOT to do via the internet (lest you incriminate yourself).

    I suggest you discuss this with your divorce attorney.


    No.

    You both have equal rights to the children as long as you remain married and no court order dictates otherwise.




    There is no "double standard" for man, woman, or beast, ALL are treated equally.

    You were beaten to the punch.

    If you wish things to be otherwise, HIRE an attorney, seek a dissolution of the marriage, and acquire a custody/visitation order.

    Your attorney will explain all of the details and costs to you.
     
  3. Red Kayak

    Red Kayak Well-Known Member

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    If your wife believes that she has grounds to apply for a restraining order, she believes that she can argue that you are a danger to her. If she can make a credible argument that you are a danger to her, she may also be able argue that she is concerned that you are a danger to the children as well.

    Victims of domestic violence often don't want their abuser to have their address when they execute their escape plan. And, depending on the nature of the alleged abuse, and the evidence supporting it, in a restraining order the address of the victim might be withheld from the purported abuser for the victim's protection. If the children live with the victim, that includes their address, for obvious reasons.

    You should be more concerned about the potential restraining order. Depending on the nature of the allegations - if, for example, it's alleged that the abuse occurred in front of the children, you could find yourself the subject of a child abuse investigation.

    You need to consult a lawyer.
     
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  4. zddoodah

    zddoodah Well-Known Member

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    No (or at least not in any way that you can anything about).

    Her ability to obtain a restraining order depends on the relevant facts, none of which you've provided.

    No.

    This is a pointless hypothetical based on a premise that isn't necessarily true.
     
  5. leslie82

    leslie82 Well-Known Member

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    No she hasn't violated your parental rights. You're still married - it's 50/50 custody. She can take those kids anywhere and not tell you. Just like you could take the kids and the cops couldn't do anything about it. Before I filed for divorce, I had the police come with me to get my daughter and get some stuff out of the house. The police even said "If he doesn't want to let your daughter go, we can't make him. It's 50/50 because you're married." They were there just to keep the peace. Luckily he let me take her (because he knows he can't take care of her alone).

    No you're little double standard isn't true when it involves a married couple UNLESS that person would have made threats to make the police believe the children are in danger. THEN there would be an Amber Alert.

    If she has any evidence that warrants a protection order she will get it. It sounds like she might...and I hope she gets one.
     
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  6. Zigner

    Zigner Well-Known Member

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    I just want to clear something up - and it may seem like a minor (and pedantic) point, but it may be important, depending on the circumstances:

    When parents are married, it is not "50/50". It is "100/100". Both parents have equal rights. 50/50 implies that each has half the decision making rights. That may be how it is in the future (after a court makes orders), but married parents with no court orders in place each have 100% full decision making for their children.

    EDIT: I understand that there are exceptions, such as when applying for a passport, etc., but those don't apply to this situation.
     
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  7. leslie82

    leslie82 Well-Known Member

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    Semantics - the point is that we relayed that while still married each parent can take the kids and the other parent can't do anything about it. Legally. That's why custody orders should be put in place once someone files for divorce or they need to file for divorce immediately especially if in an abusive situation and trying to leave it.

    I think the point has been relayed that yes - his wife can take the kids and not tell him where she goes. And that he can do the same thing to her while married.
     
  8. Zigner

    Zigner Well-Known Member

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    No, not semantics...but the end-effect is generally the same as if it were ;)

    EDIT: Let me be clear - I totally agree with you about the parents' rights.
     
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