I am being bullied by my husband that if I leave him that I will be kidnapping my baby and will go to jail. I need a safe place and my family lives on the west coast. We live on the east coast.
There are not any legal papers filed or divorce or anything, I just need to get out and away from the drugs and abuse. I need the support of my family.
A shelter will not work as my child has health issues.
My family is willing to help but I am afraid that if I leave the state that my baby will be taken from me
because that is what my husband is threatening.
2007-10-22 10:25:35 · 11 answers · asked by Smart Nurse 5 in Family & Relationships ➔ Marriage & Divorce
I have already call the Shelter.
The shelter is not Asthma friendly and my child has severe Asthma.
2007-10-22 10:36:56 · update #1
Why wont a shelter work. Shelters have access to some wonderful medical facilities. A shelter is also good because when it comes time to go to court, it will show that your husband is a danger to your child and you probably could re-locate without any repercussions. You cannot take your child out of the state without your husbands permission....thats the Law. The only way that this will happen if you get some evidence that he is violent. I think a shelter would be the best alternative right now and it will give you the support you need. They have counsellors and attorneys that would be able to help you. A shelter is only a stepping stone. They will be able to help you find alternate accommodation too. You need support....you need evidence.........a shelter will give you both.
2007-10-22 10:34:27 · answer #1 · answered by rightio 6 · 0⤊ 0⤋
If you were married when you had your child then go to the court file the paper work and leave. IF you were not, then really there is no proof he is the father (un married couples require paternaty test) and you can play that role, should you feel the need to escape and have nothing to do with him (financially as well) i would call a lawyer as well, calls are free and usually very helpful! good luck i'm going through that right now too, i got restraing order first, because the court deals with givig it to him and blah blah and it's free and it works.
2007-10-22 12:29:25 · answer #2 · answered by blakie 1 · 0⤊ 0⤋
Without a custody agreement or divorce paperwork, you can move anywhere you want.
Just go, in the middle of the night if you have to. Do what's best for your baby. File for divorce and custody on the west coast. He'll have to come there to fight back, so chances are, you'll win.
2007-10-22 12:20:11 · answer #3 · answered by Roland'sMommy 6 · 0⤊ 0⤋
You can leave if there is no paper stating that your child stays. My husband's ex took off with their son to another state 2 weeks before he filed for joint custody. He actually ended up having to move to the other state if he wanted a relationship with his son. If you strongly feel you are in a dangerous environment for yourself and your son then you should leave before you or your soon to be ex files paperwork. You CANNOT file for custody and then leave!!!!!! I guarantee the judge will order that your child not leave the county. Then you will be stuck. Just leave without warning.
2007-10-22 11:12:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You may talk to a lawyer if you want but, that's your baby not his. Unless he has something substantial stating that the baby is part his, through a court order, then forget him. He'd have to go to court, pay for an blood test that you can easily dismiss and ask for a DNA test which is very expensive, then he'd have to meet the costs.
Until then, that baby is yours, you don't have to get a judges order or a court order to say it's yours.
You pack your bags and go where ever you want, don't tell anyone.
2007-10-22 11:02:58 · answer #5 · answered by cowboydoc 7 · 0⤊ 0⤋
Prior to papers being filed you can do as you wish. After papers are filed then you must abide by what the courts say.
Call a divorce lawyer, ask. Better safe than sorry.
2007-10-22 10:28:40 · answer #6 · answered by Poppet 7 · 1⤊ 0⤋
Its your kid you can go anywhere as long as there isn't a court order .Soon as you get there file custody that way they cant make you come back to that state . If you file custody there then you would have to get permission to move .
Just get away from the drugs not good for anyone
2007-10-22 10:38:34 · answer #7 · answered by dad 6 · 0⤊ 0⤋
It's my understanding (at least in TX) that without court orders whichever parent physically has the child can do whatever they want.. but that means if he gets a hold of your child he can take off too. Call a lawyer, but that's what I was told.
2007-10-22 10:38:52 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Go down and file for full custody of your child then leave. And file for divorce when you get to a safe place.
2007-10-22 10:28:38 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You seriously need the advice of a family lawyer. Good luck....
2007-10-22 10:30:44 · answer #10 · answered by kitkat 7 · 0⤊ 0⤋