Taking child out of state

[pinkie]

NEW YORK - I am in a domestic violence situation (have evidence) and need to move to another state where my family can help me. Can I legally take my child and leave the state without any court orders? I am in fear that my husband will become violent so I cannot tell him that I am leaving. As soon as I get to the new state I will enter their Domestic Violence system and seek help. If I leave without a custody order, can my husband file for temp custody?

 

[LegalBeagle]

If there are NO court orders in place, then pack your bags and get out of there.. yes, all parents have a right to know where the children are but there are exceptions and violence is one of them.



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Psst.. I am not an attorney, and even if I was, I would not tell you. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

 

[pinkie]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
If there are NO court orders in place, then pack your bags and get out of there.. yes, all parents have a right to know where the children are but there are exceptions and violence is one of them.

Great. Thank you. I have contacted the Family Violence Center in the state I plan to move to and they said they can protect me once I arrive. My child and I will be go into counseling, as well. After I leave with my child, are there any charges that my husband can file against me for taking our child across state lines? Can he file for temp custody after I leave?


<HR></BLOCKQUOTE>

 

[LegalBeagle]

Yes he can file for temp custody and unfortunately you would have to get an attorney to defend the action in NY.. but no, he can not file any charges.

Once you arrive, do you feel safe letting him know your address ?

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Psst.. I am not an attorney, and even if I was, I would not tell you. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

 

[pinkie]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
Yes he can file for temp custody and unfortunately you would have to get an attorney to defend the action in NY.. but no, he can not file any charges.

Once you arrive, do you feel safe letting him know your address ?

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No, I don't want him to know my address. However, since I will be staying with relatives, I'm sure he will know where I am. If he files for Temp Custody, will he have the right to take the child prior to the court hearing? What happens if he can't serve me with temp custody papers because he can't find me in my new location?

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by pinkie:
If he files for Temp Custody, will he have the right to take the child prior to the court hearing? What happens if he can't serve me with temp custody papers because he can't find me in my new location?
<HR></BLOCKQUOTE>

He can not take the child unless you let him.. speak to an attorney as soon as possible and get something filed with the courts as to custody.

You want to avoid not be able to be served as he could pull a fast one and lie to a judge about the reasons and then be granted temp custody. Yes you can fight it, but it is harder to fight a judgement than to start from scratch. Do you think he is going to fight for custody or will it just be a power trip for him ?




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Psst.. I am not an attorney, and even if I was, I would not tell you. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

 

[pinkie]

Definitely a "power trip". I think he will fight to save face with his family. Is he a total control freak. He controls everything. I don't even know his work schedule. He comes and goes as he pleases--sorry, just venting a little. Anyway. I don't want to do anything to jeopardize my chances of getting full custody. He is verbally abusive, deprives us of money, doesn't come home often, etc. Our child has witnessed his violent outbursts many times. I want to get out of New York and reside with my family and start a new life with the help of counseling and support from my family. I already have a place to live when I leave the state. I just want to make sure that he can't take my child away and that he can't hurt us when we leave. I will file for custody in my new location as soon as the law allows in that state. I'm just worried about what happens between the time I leave and the time I can actually file for custody in my new location. I don't mind going back to NY to fight for custody if he files, I just don't want to bring my child until everything has been settled by the courts.

 

[LegalBeagle]

Contact an attorney in your new state the moment you arrive... but start searching for a NY attorney now so that you are ready.

Also, have everything documented and ready to go at a moment notice... Which state are you moving to ?

 

[pinkie]

Moving to Georgia. I have contacted Legal Aid in the county I now live in and will try to meet with them early next week. My relatives in NY are doing some preliminary work for me and have already contacted the family court and are looking for a good lawyer now. Thank you so much for taking the time to respond!!!

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by pinkie:
Moving to Georgia. <HR></BLOCKQUOTE>

Residency in Georgia is 6 months.. so prepare for something to happen in NY first. Sounds like you are prepared and ready.. good luck !