Family & Relationships Marriage & Divorce

Can a Wife Take the Children if She Decides to Leave Her Husband?

Question: Can My Wife Take The Children If She Leaves?

My wife says she is leaving and taking our children. Can she legally take my children with her when she leaves?


No, as long as the two of you are married you have the same legal rights to your children that your wife does. Tell her to go but she has to leave the children with you. Married couples have joint legal custody and joint physical custody of their children until and unless the court determines otherwise.

I have two suggestions for you:
  1. Consult an attorney before she has the opportunity to file for a divorce. You need an attorney who will file a petition for custody and an access order. Doing this will mean you filing for divorce but, it will always mean you protecting your legal rights as a father.
  2. Have your attorney try to come to a written agreement with your wife’s attorney regarding the children. The agreement should cover where the children will live, visitation schedules and how any child rearing expenses are to be handled.

I often here men say that the Family Court System favors women. What they don’t realize is that, they, men fail to use the Family Court System in a way that helps instead of hinders.

If you or any man fears his wife leaving and taking his children it is his obligation to make sure that he take the steps needed to protect his role as father in his children’s lives.

Doing that can be as simple as taking legal action before your wife has the opportunity to herself.

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