I am married but I don't want to be. He has cheated on me many times and is abusive verbally and mentally. It might even proceed to phyical I want to get a divorce but he is fighting me as long as possible just to make my life a living hell. we are both on the lease of our apartment and he refuses to leave. We have a 6 month old daughter together and I want to know if I need his permission to move her out to another place in the same city in Florida. if anyone has any advice on how to get out of this or anything please help.
2006-10-25 19:09:32 · 13 answers · asked by canad420 1 in Family & Relationships ➔ Marriage & Divorce
If you get a divorce, there will, of course and most likely, be the custody issue that needs to be dealt with in court (and don't be too certain that his behavior will rule him out as far as custody goes if he fights you for custody).
You need to see a lawyer (or even begin by talking with someone who deals with abused women) because the first thing you really would want to do is at least have temporary custody of your baby.
If you are being verbally and mentally abused there is probably no law against your taking the baby out of that environment and going to stay somewhere else. It would be important, though, that you have an attorney's advice with regard to which moves to make when.
Since you're not talking about taking the baby to another country or state, and since custody of her hasn't been taken away from you, I'm not sure the person who said it would be "kidnapping" is correct.
You're in a difficult situation because it hasn't yet turned physical, and someone could start to say you were imagining the degree of the verbal and mental abuse. Its almost the worst of all worlds.
Whatever you do, though, I don't think you need his permission to take the baby and leave as long as you find an attorney. The fact that he refuses to leave is a bad sign. Someone more reasonable wouldn't do that.
2006-10-25 19:34:31 · answer #1 · answered by WhiteLilac1 6 · 0⤊ 0⤋
Well, I live in California, and I left and took my two kids. Here you have to make sure and notify the other county, not the parent, so to speak. I actually filed a restraining order, so I didn't have any problem really. He tried to petition the court to grant an injunction stating that I had to move the children back to the same county. It was denied, and I won. The best advice I can give you though, is from this date forward, document every fight, every put down, every thing that he says or does that kids shouldn't be around. That way when he does fight you, you have dates and details. There are many different types of abuse, all of which is detrimental......and not ok. Good luck, and don't worry. If you do the right thing, and have faith in god, things always work out right. You'll see!
2006-10-25 19:16:39 · answer #2 · answered by justwondering 2 · 0⤊ 0⤋
THis is sticky because your spouse is abusive. But because he is the biological legal parent of your children, he has rights.. I am almost 99% sure that this could get ugly legally because it can be looked at as kidnapping albeit the man is abusive and it's a contradiction because you and your children should be far away from him as he is dangerous.. ( I know it's crazy).. Maybe see if you can consult with an attorney and get a restraining order or as some states call it an order of protection and then go from there.. I wish you the best and be safe.
2016-03-28 07:55:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In tx if there are no custody papers which ever parent has possession has control so don't let him leave with your child he can take her and keep her until a court says different if you have joint custody in writing "legally you are suppose to tell him if you leave the county but unless he fights it and gos to the court which most men that way don't you have nothing to worry about. another option is find a local battered wemons shelter check in there get help to get stable the law is on your side there and report all abuse. No law will let a man keep that up domestic violence is a crime.
2006-10-25 19:37:11 · answer #4 · answered by snaggles 2 · 0⤊ 0⤋
sure you can. Why not? Advise your landlord first. A lease is a tricky thing, so let the building owner or manager or whomever know what you are doing. You sure don't need your husbands permission that is a fact. Just pack up when he is gone to work and leave period. No note or anything, just leave and go as far away as you can, then file for an order to keep him away from you.
2006-10-25 19:17:57 · answer #5 · answered by orlin 3 · 1⤊ 0⤋
The way i see he's trapping you into becoming his slave. You don't need his permission, you just need to inform him that you're moving out and taking your daughter with you. If he comes after you, get a restraining order against him as you would qualify as the capable parent. If he insists on not having a divorce, go through with the divorce for the sake of your daughters' happiness.
2006-10-25 19:34:48 · answer #6 · answered by Anonymous · 0⤊ 0⤋
if you can prove the abuse,take these steps: file a restaining order court will make him leave the home for saftey reasons as far as the lease you both are responsilbe, however you may sue him for divorce and ask for maintance and child support. this will help you keep you apt till lease expires.also ask for limited supervised visation due to past acts of anger.email me if you need help
2006-10-25 19:30:06 · answer #7 · answered by mancub19672 1 · 0⤊ 0⤋
You will need to get a lawyer and go to court and get the judge to rule him as an unfit father and get sole custody of the child. He is the father and he is all rights to see his child. He could say that you kidnapped the child and you do not want that to happen! I would seek the help of a relative in regards to how to handle this and in regards to getting a lawyer.
2006-10-25 19:13:08 · answer #8 · answered by herbie36f 4 · 0⤊ 0⤋
To be honest, would you like the table turned on you? Would you like your spouse to move to a new home with your child without getting your consent.
What has your child got to do with your problems with your husband? Its so sad that many times we are so selfish thinking about our pain and disregarding the consequences on our children.
I am sorry but I don't dig your thinking, only disappointed there are so many like you who think this way.
2006-10-25 20:34:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You can only get away with that if you are female. Men go to prison for doing the right thing. I hate you women for your FREE RIDE in life. We pay, you play. And you think it's us getting all the breaks.
2006-10-25 19:38:46 · answer #10 · answered by Anonymous · 0⤊ 0⤋