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I have been married for 3 yrs and have a 2 yr old. We fight constantly and last year I had an affair. He has proof of my affair through emails. He was on probation for felony DWI's and has now paid that off with our tax return so he can drink again. He is a non-compliant diabetic and has periods of highs and lows where he is confused and disoriented (not a situation for a 2 yr old to have to deal with). I don't leave her alone with him unless I absolutely have to and fear that if I do go through with custody that he will be granted time with her and he will have an episode when she is alone with him. He is drinking often now and I have suspisions that he is having an affair, but no proof. I want to move to Florida where my family is but am not sure that i can do that without the possibility of loosing my child. She is all I have and I want her to be safe, and safe is with me. What would happen if we just left and moved to Florida? Could they take her away from me? We live in NY.

2006-10-29 07:50:48 · 10 answers · asked by kristin 1 in Family & Relationships Marriage & Divorce

10 answers

Be safe- ask the judge;avoid getting in trouble. Be smart.

2006-10-29 09:30:53 · answer #1 · answered by strong1 3 · 0 0

As a father who has full custody of his kids, you may not want to hear this but he has just as much right to your child as you do. Start a written journal of all events with dates and times. Involving the courts up front will save you a lot of hassle in the long run. Best of luck to you but more importantly, best of luck to your daughter!!

2006-10-29 15:57:13 · answer #2 · answered by nofzingerp 2 · 1 0

get the courts involved also sounds like he has some very serious health issues too do not forget to bring that up when you get the courts involved. Good luck and god bless.

2006-10-29 19:26:43 · answer #3 · answered by Kate T. 7 · 1 0

It is best to get to a lawyer and explain your situation. Most will give you a free consultation. In addition, if you find yourself in an emergency situation and if you do leave state with her it is recommended that you notify him by certified letter of your intentions with regard to her as soon as you get there.

2006-10-29 15:54:24 · answer #4 · answered by Anonymous · 0 0

if you file for divorce first i think you become the primary custody of the child until the courts determine who the better parent is.............i would get all the dirt on your husband in order to present to the courts.

2006-10-29 15:56:37 · answer #5 · answered by nfgatcer 2 · 0 0

it is considered kid napping in many states. be safe an get permission from the courts. no judge will deny you a chance to better your life and the childerns.

2006-10-29 16:07:20 · answer #6 · answered by ~just_jd~ 5 · 0 0

If you don't want to involve the courts.... you'll have to get written consent from him. Otherwise it could be viewed as parental abduction.

2006-10-29 16:24:25 · answer #7 · answered by Tony 4 · 0 0

Since your her mommy i think its OK however you to to tell someone that you going somewhere with her. did you try talking to your husband about it. IN ANY CASE THEY WILL ONLY TAKE YOUR KID AWAY IF YOU CAN NOT PROVIDE, OR POSE A DANGER TO YOUR BABY, OR IF THERE IS AN UNFIT Environment IN HER SURROUNDING but what to i know I'm only 21 Cali.

2006-10-29 16:01:58 · answer #8 · answered by ?Z? 2 · 0 1

no you cant move with out get the courts involved my parents had to do that

2006-10-29 15:54:18 · answer #9 · answered by buddyfriends 1 · 0 0

you dont want to get in trouble...just move to the other side of NY

2006-10-29 15:55:53 · answer #10 · answered by dude 2 · 0 0

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