child issues

[spersaud]

What is the name of your state?
The state I live in is New York. I need to know if I am still married to my husband and we have a two year old, but he decided to move back to the state of Georgia ( where we originally lived ) to go back to school, and I didn't go back with him because he has been mentally, emotionally, and verbally abusing me since we got married, what rights does he have as far as our son is concerned, if he's not present at the moment and my son is in my care.

He said he is filing for legal separation w/ joint custody, but haven't received any papers stating this as of yet. He is telling me that I cannot leave the state or I will be in alot of trouble, I don't have anything from the courts saying I can't leave the state.

[LdiJ]

Originally Posted by spersaud

What is the name of your state?
The state I live in is New York. I need to know if I am still married to my husband and we have a two year old, but he decided to move back to the state of Georgia ( where we originally lived ) to go back to school, and I didn't go back with him because he has been mentally, emotionally, and verbally abusing me since we got married, what rights does he have as far as our son is concerned, if he's not present at the moment and my son is in my care.

He said he is filing for legal separation w/ joint custody, but haven't received any papers stating this as of yet. He is telling me that I cannot leave the state or I will be in alot of trouble, I don't have anything from the courts saying I can't leave the state.

If he is not living in NY then he certainly can't force you and the child to remain living in NY. However, once he files for a separation in NY, that could temporarily cause you to have to remain. However, again, a judge won't force you to remain in NY when dad doesn't even live there.

[spersaud]

He moved about 2 weeks now, he has been living here for about a year. But as of right now, I don't have any court papers stating anything and he is stopping me from going to Canada this weekend. He says that I can't leave the state, is that true?

I am afraid that he will just show up and if I am not here he will do something stupid. I'm only going for the weekend and he says I can't take his son out of the state. If I do I will hear from his lawyer, I don't have a lawyer at the present moment, he's been the one doing all this talking, but I haven't seen anything, yet.

What should I do, can I still go to Canada? even though he said no, we're not legally separated, but we are separated in the sense, he's not in NY anymore.

[nextwife]

Wow. There is HUGE difference between moving to another state in the US and leaving the country! Yes, you should have court permission before removing the child from the US. Is the child a US citizen?

[spersaud]

What I am saying is he is now residing in Georgia, and I am in NY, I want to take my son for a weekend trip to Canada, he is telling me I can't do that, if Ido I will hear from his lawyer. The big difference is, I don't have anything from the courts stating that we have joint custody, he says that we do, so therefore, aren't I allowed to take him wherever I go. It just sounds like he's making threats and I have yet to see any documents showing me that we both have custody of my son. Because he said no I can't go, he pretty much is saying I have to listen to him.

[spersaud]

Can someone respond to my post, as I am in need of an answer soon. I am suppose to leave today, and I refuse to allow my husband (only by paper - since he has already told me there was no reconciling) to controll what I am doing, also since there is nothing filed in the courts saying that I can't leave the state with our son. When he was living here I took our son to Canada, and he knew about it and didn't say anything, he said it was ok, but because he is not here with me now, he is saying I can't go. Does this sound like a control issue? Can he really tell me no, I can't go with our son?

[casa]

Originally Posted by spersaud

Can someone respond to my post, as I am in need of an answer soon. I am suppose to leave today, and I refuse to allow my husband (only by paper - since he has already told me there was no reconciling) to controll what I am doing, also since there is nothing filed in the courts saying that I can't leave the state with our son. When he was living here I took our son to Canada, and he knew about it and didn't say anything, he said it was ok, but because he is not here with me now, he is saying I can't go. Does this sound like a control issue? Can he really tell me no, I can't go with our son?

Since you are legally married- He has equal rights in all ways to the child.

When leaving the country you generally have to have both parent's consent (even if there was custody already established). For one thing you need both parent's consent for a passport. It would be wise to put off the weekend trip until all this is settled.

[dallas702]

Hold on here. There is no divorce, therefore no court order defining or limiting the location or travel of the child or anyone else. Just because he runs off to GA doesn't mean you can't take a vacation....anywhere you want to. The guy doesn't own you, and the court isn't going to intervene because there's nothing to intervene about. He is also your son, dad is away, and you can travel freely. As of this time you don't need a passport to go to and from Canada. Parents travel back and forth every day by the tens of thousands, with their children and without both parents. The agents at the border might ask you for your I.D. and something identifying your child, but you don't need a note from your husband. Take a copy of his/her birth certificate with you.

it would, however, be a good idea to come back.