Yes, I have this question posted in two categories because it's very very urgent!!!!
If I believe that myself and my infant child staying in the house with my husband who has recently shown himself to be unstable (not yet diagnosed, though) is not in the best interest of our baby, is it OK for me to move her with me to a safe environment which is in another state even if he is demanding I bring her back? There is no court order involved. I simply brought her with me to my family's house. Is there anything legally wrong with me having her here? I said he can come see her here while my family is here and he said he's going to. Does anything protect me from him just running away with her while he's here? Please help?!
He's also denying everything that I say he's done to make the environment bad for me and my baby, so no "proof."
2007-08-21 14:38:09 · 15 answers · asked by Ineedanswers 1 in Politics & Government ➔ Law Enforcement & Police
Here is a problem you have to address. If you have left the state, you have committed not crime....but, if he files for custody, and gets you served, the court in the state where you both resided together will have jurisdiction. What that means is if he gets a temp custody order in your home state, it will supersede the one you might get in the new state. The reason is that you both resided in the state where you are fleeing from, and you have chosen to flee to a second jurisdiction. Also, there is no legal condition called unstable. I say this not in jest, but in point of fact you need to be able to describe what he has done or said to make you fear for your and child's safety.
2007-08-21 15:08:54 · answer #1 · answered by Songbyrd JPA ✡ 7 · 0⤊ 0⤋
You will either need a judges writ or your husband's permission. I know it's crazy, but it's the law. If I were you I would contact an attorney and start a divorce, get your attorney to get the judges permission on the grounds that your husband is unstable. If you cannot afford an attorney, then contact child protective services and ask them to file a report from you stating that you feel that your husband is unstable and you need to relocate out of state for the child's and your protection. If you can't get all this done before you have to leave, at least contact child protective services and put it in writing so when it's time to go to court he can't get you for child abduction. If you are still in the house and can get a small tape recorder and carry it on you, it probably will be in admisable in court, but once someone hears what he has to say, it kind of sticks in their mind.
Also, the next time things start going bad, like an arguement, quitely notify the police, when the police arrive describe what has been occuring and tell them you need to go to a shelter for abuse because you fear for yourself and the childs safety. This is the quickest way to get documentation. Any judge will give a woman in a shelter permission to leave the state for her safety. That way you haven't broken any laws. HRS will help you in the divorce precedings.
Finally, destroy all records of this conversation. Does he have access to this Y@ A, they can supena the records you know? Still, all your seeking is advise. All I'm saying is if he can check out what your up to on here, he may get the jump on you.
2007-08-21 14:57:01 · answer #2 · answered by Cheryl 6 · 0⤊ 0⤋
You can take the baby any where you wish as long as there are no Court Orders in effect, No case pending before the Court, No Custody Papers filed. When you get to another State immediately file for Temporary and then Full Custody. If you feel he may take the baby while visiting you, then you should have a Supervised visit, to be honest I would not allow the visit, I'd be on my way to another destinnation.
2007-08-21 14:56:02 · answer #3 · answered by canuck1950 6 · 0⤊ 0⤋
It is legal for you to take the kid out of state. It is also legal for him to take the kid back with him - - until you get a court order saying he can't.
It doesn't take a lot of time or money, just get a lawyer and get a restraining order. Make sure the lawyer understands that you are in fear for your life and the kid's life. It will only take a day or so.
In the meanwhile, if he shows up and wants to take the kid, do not try to stop him with physical force, or he will get a restraining order against you! Leave where you are now, and go someplace else - a friend's house, a hotel - until the papers are served or you may have to fight to ever see your kid again.
Good luck.
2007-08-21 14:53:41 · answer #4 · answered by wuxxler 5 · 0⤊ 0⤋
Father & Mother must agree where kid may go.
Otherwise he can have you arrested for spousal kidnapping.
It is imperative that you go to court and try to prove that father is threat to the child. If you can do that, then you and child free to go anywhere after you have done that.
You will probably need legal help, such as a public defender.
There are shelters all over the place that are designed to help mothers in your situation. They can help you find a good laweyr.
2007-08-21 16:19:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The laws vary from state to state. If you've just gotten there, you could say you're just on vacation. Here in FL, he could take her and you'd have to file court papers to get her brought back. and he could file court papers to force you bring her back to him. The laws vary from state to state and unfortunately, the only way to find out for sure is to speak to an attorney in your old state and maybe to speak to one where you are now to see if the new state offers any protection. Are you married? If not, he generally has less rights. Even if you are, check in to filing for temporary custody and filing for an injunction of protection. You can usually find out about that by calling the local courthouse.
2007-08-21 14:52:24 · answer #6 · answered by starbreezetarot 3 · 0⤊ 0⤋
You need to file an order at the court house for legal seperation if you are seperating for him then they will have a temp custody court order put in place.Most children always go with the mother I do not know circumstances but this is in fla.
2007-08-21 14:43:12 · answer #7 · answered by hugsandhissyfits 7 · 1⤊ 0⤋
Legally there is nothing wrong with what you have done. Although I would let the local authorities where you are from know about his instability, and also let the authorities in your family's area know as well. If he is abusing you, physically, mentally or in any other way then it is best that you are away from that environment.
2007-08-21 14:50:13 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Call a local hospital or police station and ask for the phone number of a shelter for abused women. They can give you better advice on what to do according to the laws of the state you're in or the state that you have your legal residence.
2007-08-21 14:43:00 · answer #9 · answered by Stimpy 7 · 2⤊ 0⤋
what you need to do is get a divorce
the other thing you need to do is to go to the police the thing is if hes unstable and you fear your life they cant do nothing they have to do something...you can probably at least get protection
theother thing is if he steals the child and runs thats a kidnapping if he does come to see the child DO NOT let him hold the child my cousin made this mistake one and he bolted with the child...we were lucky that someone caught him
the only other suggestion is when he comes DO NOT FOR ANY REASON STAY INA ROOM WITH HIM ALONE!
thats all i can say
2007-08-21 16:26:51 · answer #10 · answered by elnrith 2 · 0⤊ 0⤋