Questions

[barrett21]

What is the name of your state? I am asking this for a friend of mine. Let me give some background information on her. She is currently married they have been married for a little over a year. They have been together for almost five and have one daughter. Their relationship is not so good it is abusive and she is wanting to get out and take their daughter with her but where she is wanting to go is out of state. What are her options as far as being able to take their daughter with her? Or is that not a good idea? Any advice would be great. What does she need to do for that to be legal?

 

[LdiJ]

What is the name of your state? I am asking this for a friend of mine. Let me give some background information on her. She is currently married they have been married for a little over a year. They have been together for almost five and have one daughter. Their relationship is not so good it is abusive and she is wanting to get out and take their daughter with her but where she is wanting to go is out of state. What are her options as far as being able to take their daughter with her? Or is that not a good idea? Any advice would be great. What does she need to do for that to be legal?

What she really needs to do is to file for divorce and ask the judge for permission to move out of state with the child. Anything else would be too risky.

 

[Ohiogal]

Actually what state is your friend currently residing in? Was the child born DURING the marriage? If not was paternity established with boyfriend as the father?

 

[barrett21]

My friend lives here in Tn close to me. The child was born three years before the marriage but I do know that she said he is the father and he is on the bc.

 

[nextwife]

IF dad is LEGALLY established as Dad, then he can file to stop a move out of jurisdiction, file for custody there, file for visitation there,, and/or file to compel return of the children.

 

[ceara19]

My friend lives here in Tn close to me. The child was born three years before the marriage but I do know that she said he is the father and he is on the bc.

Being on the BC means nothing.

 

[barrett21]

She told me that they signed some papers at the hospital and he is on the bc. She just is getting ready to leave in the next week or two and wants to take their daughter because he has outburst's with her also. She just does not want to break any laws and wants to do everything legal. She wants to get a divorce it's just she wants to get out first before it keeps getting worse or someone get hurt. So from what I understand if she is goin to leave the state their daughter can't go with her? If that is the case then if i'm correct she needs to try to find somewhere to go to hide from him try to get a divorce and file something in court over custody is that correct?

 

[ceara19]

She told me that they signed some papers at the hospital and he is on the bc. She just is getting ready to leave in the next week or two and wants to take their daughter because he has outburst's with her also. She just does not want to break any laws and wants to do everything legal. She wants to get a divorce it's just she wants to get out first before it keeps getting worse or someone get hurt. So from what I understand if she is goin to leave the state their daughter can't go with her? If that is the case then if i'm correct she needs to try to find somewhere to go to hide from him try to get a divorce and file something in court over custody is that correct?

HIDING is a very bad idea. If she chooses to go that route, she would only be making it very easy for dad to go to court first and get an emergency order for custody because she took off with the child.

 

[barrett21]

Okay she just thought she should hide so that he couldn't hurt her was all she won't do it if it will cause more trouble for her. So she needs to basically just leave and file things in court as soon as she can. But tell her not out of the state. Thanks for the advice.

 

[ceara19]

Okay she just thought she should hide so that he couldn't hurt her was all she won't do it if it will cause more trouble for her. So she needs to basically just leave and file things in court as soon as she can. But tell her not out of the state. Thanks for the advice.

She can file a petition for divorce and temporary custody and child support BEFORE she leaves.