Me and my wife have two children together and have been married since before they were born. They’re of the ages 2 and 4. We had an argument tonight and she took the kids to her friends house with her. I called the police and they said she could take them because she’s the mother. I wanted to know what my rights were.
Right now the two of you are married and therefore, there is no custody order in place. So yes, she can take the children where ever she wants at this point. You cannot get a custody order or plan in place unless you file for divorce. But when two parents are married, each person has rights to the children and they cannot stop the other person from taking the children, even out of the state. The police will not get involved. If you want to make sure she can't take the children and leave or that you have parenting time with the children that she can't interfere with, you will have to file for divorce.
At this point you have just as much legal right to the children as she does. The police most likely don't want to get involved at this point. If it escalates and you divorce then there would be a parenting plan in place that determines who gets custody.
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