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#9149 - 02/08/05 10:22 PM Not sure where to post this
Crimsondawn Offline
recently joined

Registered: 12/28/04
Posts: 8
I need some legal advice but not sure where to ask.

Is it legal for me to take my son, and move out of my husband's and mine's apartment and into another house/apartment before I file for legal seperation? Does anyone know if he can claim kidnapping or anything like that?

And second, how do you go about filing for seperation/divorce?

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#9150 - 02/08/05 10:48 PM Re: Not sure where to post this [Re: Crimsondawn]
daphyne Offline
journeyman

Registered: 01/21/05
Posts: 90
Crimsondawn,
Get a consult with an attorney.
The first thing I did was get an attorney and filed a temporary stipulation, protection order (unfortunately) and divorce papers. In the temporary stipulation it provided me with temporary care, custody and control of the children.

You can file for separation/divorce on your own (which I'm not familiar with at all) or through an attorney. It cost me a filing fee (for divorce) of just a little over $100 (that was a year ago).

I don't believe that he can claim kidnapping if you're not leaving the state.

Are you in physical harm?
Daphyne

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#9151 - 02/09/05 03:44 PM Re: Not sure where to post this [Re: daphyne]
lavinia106 Offline
member

Registered: 01/11/05
Posts: 111
Loc: Nebraska
If you are in the state of nebraska, until you have established custody, you both have equal rights to the child. talk to legal aid, even if they can't help you, they will be able to somewhat advise you, the number is 402-348-1060 it starts out automated, so take your time. If you are low income and being threatened they are a free service. it won't hurt to try. Good luck, and if you plan it right (talk to a lawyer!!!) you will be able to escape with your health and your baby.
_________________________
Like most intellectuals he was intensely stupid...

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