Could I take my son to Hawaii with me. Me and my husband are seperated but it is not a legal seperation no court order has established custody.

Kathy - posted on 09/30/2012 ( 1 mom has responded )




I am wondering if I can legally take my son to Hawaii with me. I married my Husband in Hawaii where he was stationed at the time. I have been a resident of Hawaii for almost 20 years. My son was born there. We have been married for 4 years. I left Hawaii with my husband and son almost two years ago because my Husband got stationed in GA. While in GA my husband was getting verbally abusive. I left in February with my son because the violent tendencies he has toward me were escalating. I am now living with my parents and son in WV. I am wanting to go back to Hawaii with him. I still have my Hawaii drivers license and have not claimed residency in any state. There has also been no legal custody set up and no divorce. My understanding is that when a parent leaves with a child it is the parent who has the child at the time that has custody until something legal is set up. Could I take my son to Hawaii and start divorce proceedings? I tried in WV and they could not take the case because I am not a legal resident. I am not sure where I would be a legal resident except in Hawaii. Please advice would help in my time of great need. Kathy


Ariana - posted on 10/02/2012




I would go to Hawaii if I were you. But I would make sure you let your husband know what is going on since if you don't he may claim you kidnapped your son. Try to speak to a lawyer about all of this too.

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