taking child out of state

[housewife]

I live in the state of Nevada. I am married with one child. Things for me here are not so good. When my husband and i are arguing he often threatens that Ill never get the baby if we split up. I was wondering if I left my husband, took our child and moved to Calif. with my family, is there a law that prevents me from doing this. Can he take my baby from me? I want to clarify that we are not in any danger hes never hit me , just the walls & stuff.

 

[MySonsMom]

I live in the state of Nevada. I am married with one child. Things for me here are not so good. When my husband and i are arguing he often threatens that Ill never get the baby if we split up. I was wondering if I left my husband, took our child and moved to Calif. with my family, is there a law that prevents me from doing this. Can he take my baby from me? I want to clarify that we are not in any danger hes never hit me , just the walls & stuff.

Ok, you have every right to leave and take the child out of Nevada. (as your husband could leave tomorrow with the child as well) BUT, once you leave; your husband can file for divorce custody in Nevada then you would have to go back there for the fight. But UNTIL there is something filed (divorce/child custody) you are both free to do whatever you please.

If your husband is ignorant to the laws and does not file anything in Nevada while you are away, you can fullfill your resindency requirements in Cal. and then HE would have to go there for the fight.

Good luck with your decision.

(p.s. don't forget that this child has/needs a Father, and how you would react if HE did this to you. The mature and right thing to do would be to stay in Nevada and deal with this situation and do what is best for everyone)

 

[I AM ALWAYS LIABLE]

My response:

Oh, my dear, yes you are in danger. Police arrest husbands all the time for "Domestic Violence" even if they only "hit walls". Studies indicate that one day, it's walls, and then the next, it could be your face. The Nevada Police are EXTREMELY conservative and will haul away a husband at the first "glimmer" of Domestic Violence. Don't wait to become his punching bag. There are VERY GOOD "battered women shelters in Nevada, and they will assist you in taking care of you and your child. You don't have to live in fear.

Also, you need to document the Domestic Violence with the Police, so that when you do eventually go to court, there won't be any chance that he will obtain custody of your child. The best he could hope for is "Monitored Visitation" - but, without documentation of his violence, he could get far more than he may deserve.

As for MSM, I got an e-mail notification that you had responded to my other thread, but had apparently deleted your comment before I could read it. Yes, you are the person I was referencing.

Good luck to our writer.

IAAL

 

[MySonsMom]

My response:

As for MSM, I got an e-mail notification that you had responded to my other thread, but had apparently deleted your comment before I could read it. Yes, you are the person I was referencing.

Good luck to our writer.

IAAL

Yes sweetie, I knew who you were referring to. Thanks hon.

MSM

 

[housewife]

thankyou

It gives me back my hope to know that there is people out there who care so much. Ive been at an ends as to what to do or where to turn to for answers. Thankyou for your advise and suport.

 

[LegalBeagle]

Just to repeat a part of what IAAL has said, you MUST get some form of proof of the abuse. It will make your life 10 times easier when you leave if you have proof. The next time he hits the wall or screams are you, call the police.