in the state of mississippi can i leave my husband and the state before we are divorced and have a child?

Question

i need to leave my husband, and we have a small child i am trying to find out the laws regarding this without retaining a lawyer at a riduculiously high amount, i have a place to go, but it is in florida

anyone have any clues

Answer 1

I would seek some legal advice before leaving the state. I have a friend who left the state of Texas before she filed for seperation. Because there weren't any custody agreements she was able to take the child out of state without any problems. She waited 6 months became a resident of AZ and filed for divorce here, Texas divorce laws are very leniant towards the husband. She got a better deal in AZ, each state is different. Call a local womens domestic abuse agency (just for advice not because of abuse) ask them if they can recommend a attorney that assists people on a sliding scale fee or reduced fee.

Answer 2

Unless the court has handed down a ruling and order in regards to child custody, there's nothing preventing you from leaving the state; "legally speaking". Basically what it comes down to is the ruling of the court. You need to file for a divorce, child custody and support, and you need to be able to prove that the move out of state, is what's best for your child. (The custodial parent must show that the move is in the best interests of the child.)
You really need to look into some free legal aid in your area. Try this link:

http://www.mslegalservices.org/MS/StateAboutUs.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/MS/TextOnly/N/ZipCode/%20/LoggedIn/0

Best of luck to you; hope this helped!

Answer 3

you can contact legal aid in your area and get free legal advise but you may have to get the divorce in the state you were married in and unless he has been abusive you may not be able to leave the state with the child and deprive him of visitation rights.