Child Custody?

Question

Okay I have a question. a friend of mine is in a bad relationship, and wants to get a divorce, and she lives in Idaho. She is there becasue that is where her husbands family lives. She wants to move out to California, to be with her family, since if they seperate she will have no where to go in Idaho. Okay so my question is where does she have to fill for a Divorce and Custody? Does she come out to California and Fill here, or does she by law have to file in Idaho, before she moves out to Cali? And will she get in trouble if she just comes to california with her son with out filing or telling her husband? BTW he is Emotionally Abusive. thanks

okay she can prove he abused her, BUT he is on probation right now becasue he had sex with a minor, and he was in jail becasue of it and he is in a "rehabilataion" thing, and has to go to Counciling every week.

I meant she CANT prove he abuses her

Answer 1

I've been there.You tell your friend to fight like hell for her child.email me and w will talk [e-mail]

Answer 2

First things first. Get the hell out of there. She can file for the divorce in California and go from there on the custody. Because he has been convicted of having sex with a minor, he wont be given custody. He will however be allowed to have visitation with the child or children. You can ask the courts to see that he has to have a court appointed supervisor during the visitation because of his background and the possibility that he may do something bad to the child.
Just get out of there first and worry about the rest later. It wont be considered kidnapping because she is the mother of the child and there are no divorce proceedings in effect. However, I would suggest that she have a court issue a protective order so that he cant come around her or the children until the divorce papers go in front of a judge. It will also protect the child from being taken by the father if he gets mad enough.

Good luck to your friend. But tell her to get out of there quietly and quickly.

Answer 3

You got a couple of issues here:

1. Jurisdiction. Based on rules of law, it looks like Idaho will have jurisdiction over her, the marriage and the kids. California will not afford any protection to her. She will have to file in Idaho. The case cannot be transferred b/c family law is state jurisdiction. She may not be able to move to California either depending on Idaho state law.

2. Abuse. Can she prove this? Does she have proof? Has he ever been arrested? Has CPS ever been called to the house? If she has proof, she can then get automatic custody, restraining order and protection w/o telling her husband and serve him divorce papers.

BOTTOMLINE: Consult an attorney.

Answer 4

She can get the divorce in any state. HOWEVER, BY LAW, unless he signs away his rights, she can NOT take the kids out of the state unless she has his WRITTEN or legal consent. he has to allow it...UNLESS she can prove abuse and divorce on those grounds. Visitation will be an issue if no rights signed away though. Her best bet is to consult a legal advisor. If no money for such, most states have free legal council through state, county or regional legal services and that goes by income. She can get that information from any family court. I think it would classify as Probate court. Warning: If she leaves without his knowledge or consent HE CAN file kidnapping charges and THAT is a federal offense and punishable by a LONG prison sentence. I suggest she NOT take that route! She needs to do it legally! Hope this helped and good luck!

Answer 5

I think that she should file for divorce and once she goes to court, explain the situation... that she is not taking the kids from him... but she has no family there. She needs a support system, and no court in its right mind will give custody to an abusive parent.

Answer 6

I would say this when a man goes to jail a women in any state has the right to go to legeal aid and file for divorce, and with his backround he has no leg to stand on, if i were her i would just pack up and then leave, and commincate over the phone with people in Idaho to make sure she doing the right thing, if he had sex with minor she has him by the balls where her son is concerned becuase there is no way hell a judge is gonna let him around his own minor son, i dont beileve that abuse can be rehablitated for any reason and i beileve that a judge will feel the same way, and if she has the court papers from all of this crap, she has win, win, case for her, tell her to leave now and get back home, first though tell her to contact leagal aid there in her county tell them whats going on and that she needs to file for divorce before he comes home to her and her son, they will i know help her if for some reason she gets no results, tell her and her family in Calif. to start making as many phone calls as possible for her as she would be on her way with her son, if some reason he gets out and she is still therre it would more lilkely be harder for her to leave becuase of the son even considering his past, act fast though, becusae someone will be his next victim and it very well could be her son, she needs to moves accordingly and act very fast, tell her to get on the phone in the am 2 morrow and start calling around to find out her rights, if not tell her to go to the nearest court house and try to find someone therre to help her to find out what she needs to do, please dont let her delay with this situation, it will only get worse and like her , her son is the next victim of his crimes, and if i were her tell her to move qucikly , if she thinks by this friday she has gotten no where with this, then she should be on plane back to cali, and then let her parents and family there help her get her divorce by all means make sure she acts and moves qucikly for her sake, good luck and best wishes

Answer 7

eeewwwww he's on probabtion for having sex with a minor? In that case, I would say she could morally go to california, with her son, without telling this man and file for a divorce there. It may not be in the best legal advice to do so, but morally....wtf...get away from him.

Answer 8

I live in VA, but our laws are that you have to give the court notice b-4 moving, but if neither have custody, nothing can be done if she leaves, she just have to file where the child is living......g-luck to her, going thro same!

Answer 9

If she moves to cali before she files for divorce she may have to wait 3 months. I dunno if it's just in texas or if thats a law for everywhere. My brother was going to move but if he moves he can't file for divorce for three months

Answer 10

she would be better off in cali to do it
then put the div in the paper there and since he doesnt get the paper from cali it will be a quick one