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?!
Also, he denies that anything he did actually happened, so I have no "proof."
2007-08-21 14:43:43 · 8 answers · asked by Ineedanswers 1 in Family & Relationships ➔ Marriage & Divorce
If you are legally married, and there is absolutely no divorce filed in any state, then yes, you are legally able to have the child anywhere you want to.
However, that also means HE has the right to take off with her as well - so you are playing with fire allowing him to come to your family's home.
If you are in another state, you have to be there at least 6 months to be able to file for divorce in that state, if he beats you to it, in the state you formerly lived in, you will be forced to return, and there is a good chance you will not be able to leave the state again with your child, or if you do, you will have to give up custody to him.
Plan this vey carefully.
2007-08-21 14:51:14 · answer #1 · answered by allrightythen 7 · 2⤊ 0⤋
In most any mother father dispute, there are two stories, and the law needs to figure out who is being more truthful.
You need to get witnesses, evidence to show that there is a serious problem. Perhaps you should go to police station and file a complaint. Take your child with you. Try to get the police to take a statement from your child, which may require a child doctor, depending on how young the child is.
If the police can get any evidence from what the child says, or any marks on child body that you say the husband put there, then the police can help you find a shelter, get a restraining order against him, etc.
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 16:24:35 · answer #2 · answered by Anonymous · 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.
2016-05-19 04:11:55 · answer #3 · answered by ? 3 · 0⤊ 0⤋
If you felt your environment was unsafe for you and your child you had every right to go to your family until such time that an attorney is involved and visitations are set up. You have been fair in offering that he can see the child to this point and should continue to be. Running away is not going to resolve the issue and could make it worse in a court of law. Do everything by the books. Get an attorney and begin proceedings. An attorney can determine what is proof.
2007-08-21 14:58:30 · answer #4 · answered by dawnb 7 · 0⤊ 0⤋
Take your child, walk out of the house, call the police and go to a domestic abuse shelter. Get temporary custody based on his abuse and leave the state.
Delete this account, or hide it where he can't find ir
2007-08-21 15:14:09 · answer #5 · answered by Cheryl 6 · 0⤊ 0⤋
Take it to court. No, there's nothing stopping him from taking her. Make sure you don't leave him alone with her. File for divorce asap.
2007-08-21 14:50:31 · answer #6 · answered by mamabear 6 · 1⤊ 0⤋
SORT IT OUT! Don't run, like i did! It WILL catch up with you. You will lose the child!
2007-08-21 14:51:11 · answer #7 · answered by dazza1422000 1 · 0⤊ 1⤋
Until we know what happened we can not answer this question, Sorry.
2007-08-21 14:48:23 · answer #8 · answered by donnakygirl 3 · 0⤊ 0⤋