unhappy and don't know what to do legally

[lynnhill]

Here is my problem stated briefly.... Can you help me? I am engaged and living with my fiance'. We have been together for over 2 years now. I am unhappy due to his emotional abuse and our fighting everyday. We just had a baby in August of 2009- two months ago. Can I leave him and take my daughter with me without any problems or what can I do?

 

[Proserpina]

Here is my problem stated briefly.... Can you help me? I am engaged and living with my fiance'. We have been together for over 2 years now. I am unhappy due to his emotional abuse and our fighting everyday. We just had a baby in August of 2009- two months ago. Can I leave him and take my daughter with me without any problems or what can I do?

You need to list your state.

 

[Antigone*]

From her almost duplicate post, we can tell that Lynn is in Alabama.

You can certainly move with your child at this point you are her only parent unless paternity has been established. You would do your child justice to stay close and allow bonding with dad. You co-parenting with Dad is going to be a lifetime committment and should be taken seriously, making every effort to foster a relationship with Dad.

You would be doing yourself, Dad and baby a favor by establishing paternity, getting support ordered and a visitation schedule set by the courts so that all involved have guidelines by which to conduct themselves.

 

[TheGeekess]

If she is in Alabama and her baby was born in Alabama, then if she moves to another state it will be at least 6 months until residency is established there.

If OP wants to understand what she can do, she'll need to follow the links below and read....
Here is Alabama Code on Custody and Support:
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/128972.htm

You can contact your county DHR office to file for paternity/child support. Then you can file for custody/visitation (DHR does not handle that).

Read these links....
Alabama Child Support Calculator - AllLaw.com

http://www.alacourt.gov/pdfppt/rule32.pdf

http://www.dhr.state.al.us/large_docs/ala cs guide_.pdf

Link to Alabama Administrative Court site on Child Support:
Administrative Office of Courts

DHR website on Child Support:
Child Support Enforcement

Schedule of Basic Child Support:
Administrative Office of Courts

Worksheet used in Alabama to compute Child Support:
disLogonGrid
(It's number 42)

DoItYourself Forms (IE specific):
http://eforms.alacourt.gov/

More Forms:
Domestic Forms - Birmingham Bar Association

Law schools usually offer clinics for free help, to train the law students.
Here's a link to UA's School of Law Clinics:
The University of Alabama School of Law

Samford University also has Cumberland School of Law:
Cumberland School of Law

Then, there's the Birmingham School of Law:
BSOL - Welcome

Here's a number for the Miles Law School; No information on their website if they offer clinics or such, but the worst they can do is tell you no.
205-923-7739

You didn't say which county you were in but you might want to peruse this site also:
Child Custody, Visitation | John M. Wood Family Law Center | Birmingham Alabama Divorce Attorneys

(Note: I am not affiliated with any private firm whose website I have listed here. I have done so merely as a courtesy and for informative purposes only)

Alabama does not have a standardized visitation; however, there are a couple of district court judges that seem to have schedules that they favor in their courtroom.