My sister lives in Minnesota with her boyfriend and child. He is emotionally abusing her. She's sacred to stand up to him. We need to know if she can pack up and leave him to go to a different state. One laywer says she has to stay in Minnesota untill a court states different another says she can leave. They are not married, But his name is on the birth certificate, Can she or Can't she...?
2007-01-25 11:55:30 · 10 answers · asked by Expresstions19 1 in Family & Relationships ➔ Marriage & Divorce
I would have to side with the lawyer that says she has to stay the BF has rights to the child if she leaves the state and he has no idea where she has gone she can be charged with child abduction and kidnapping until she can get full custody of the child as in he signs over his rights to the child or she battles him in court she must stay in the state where he resides because of him being the biological father and visitation rights etc..
2007-01-25 12:04:50 · answer #1 · answered by Livinrawguy 7 · 0⤊ 0⤋
If he is emotionally abusing her, or abusing her or the child in any way, I believe she could get an order of protection against him. Definitely, if he has physically abused either of them! I do believe that she can just leave the state. He may threaten her (tell her to keep a log of all threats and abuses, dates and times and exactly what happened). If he has nothing in writing other than a name on a birth certificate, stating she cannot leave the state or if he doesn't have any papers showing he has partial custody or anything, I would say she is free to get as far away from the creep as possible. If there is a woman's shelter in her city, she could probably get some really good advice from them. If you ask five lawyers, you're likely to get five different answers. Did you call an attorney who specializes in child custody? Some may say whatever to get the money (case). Try someone who is impartial and doesn't stand to gain anything by giving a truthful answer. A woman's safe house (shelter) has lots of experience in cases like your sister's. Emotional abuse can lead to physical abuse. Don't waste time, get her out of there as fast as you can. If he has hit her in the past, while it may not be ethical, I wouldn't care what the law says. She can deal with that later, if it's ever pushed.
2007-01-25 12:12:01 · answer #2 · answered by lucy7 3 · 0⤊ 0⤋
Is she SURE the attorney she couldn’t leave or that it was VERY UNADVISABLE? As far as I am aware, there is no law in any state restricting a parent from leaving the state with their child UNLESS there is a court order in place, they are in the middle of divorce proceedings/a custody battle, or they attempt to hide the child from the other parent. But if she leaves all Dad has to do is request a court order for the children to be returned to the state. And the fact that she did this could hurt her when they go to court for the custody hearing. She should NOT do it. Tell her to talk to another attorney and make sure she understands exactly what he/she says. Also advise her to seek assistance/advice from a local shelter.
2007-01-25 12:41:44 · answer #3 · answered by kp 7 · 0⤊ 0⤋
Since his name is on the birth certificate, she will have to go to court to gain sole custody of the child and then request permission to leave the state. She will have to come up with real good excuse for the judge to grant the request. Emotional abuse is hard to prove, not like physical abuse. Itll be a he said, she said type of thing in court, not good. Chances are if shes not going for child support she could take a chance to go and hope the dad doesnt have the money to file charges
2007-01-25 12:16:04 · answer #4 · answered by Arthur W 7 · 0⤊ 0⤋
She can leave. They are not married. If he wants to see the kid the he can take it to court and see what the judge says. She needs to document everything he is doing to her and the child. He may get rights to visit but she don't have to stay in the state unless it is court ordered.
2007-01-25 13:16:33 · answer #5 · answered by browneyes79 2 · 0⤊ 0⤋
as long as no court order either can leave with child and then the other has to go to the state the child is in as long as no order by court says otherwise listen to her lawyer and go before subpoena
he to can go to lunch with child and go to another state
2007-01-25 13:20:39 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I am in a similar situation and wonder that myself. My advice would be to consult several lawyers until you feel you get more of a consistent answer. This woman at a shelter told me that you can leave the state without out telling him. It didn't sound right to me, but she supposedly knew the laws.
2007-01-25 12:13:08 · answer #7 · answered by Venus 3 · 0⤊ 0⤋
She can leave; but if the father files a court order she would make visitation available; she want have have to go back. No court can charge a parent with kinapping their own child, if there is no court order.
2007-01-25 15:08:27 · answer #8 · answered by frenchtriad 2 · 0⤊ 1⤋
My husbands ex-spouse left the state after their divorce. you may wrestle it, yet when there is notihing contained in the custody contract that say otherwise then the in user-friendly words decision is to wrestle it. otherwise she'll be leaving even if the daddy likes it or no longer. tell him to contest it!
2016-12-03 01:29:13 · answer #9 · answered by Anonymous · 0⤊ 0⤋
if it were me i would leave the state if i could get away from the abuse, and deal with the baby's father later on. no custody has ever been addressed yet, so why couldn't she leave. if custody had been established than maybe she would not be able to go, but since it hasn't been established yet why not leave and get away.
2007-01-25 12:06:28 · answer #10 · answered by jude 7 · 0⤊ 0⤋