Even tho I'm still married but separated can I move out of state with my kid?
My husband and I are wanting to divorce. He left me ad my daughter in September due to a domestic and no contact order and has been at his parents since then. Since the incident his parents have been picking up my daughter Thursdays 3pm before I go to work 4-12am and keep her until Sunday night 12am. I used to let my mom watch her sun-mon nights until she moved to north Dakota with my dad. So sometime she goes with my sister sometimes stays at her grandparents. I'm pregnant by him again and being I have gotten no help financially since he left I struggle with bills etc and buying my daughter clothes n pull ups. So march 31st I planned to move with my parents when my lease is up in North Dakota and work out there n get help when the baby comes n have full time care for my 3 Yr old. Her father has been violent towards me many times twice his domestics been dropped to a disorderly Nd he's been caught with drugs multiple times. And lives in a shack in his parents back yard. They do everything for him. I have a clean record and am considered a bad mom because I don't spend my whole day just Playing with her. They have money from relatives to get a lawyer for custody. I don't and I'm worried I won't be able to keep my daughter because how he left me broke. Can I leave state ? Do I have chances with full custody? Suggestions ?
- HummingbirdLv 69 years agoFavorite Answer
if you leave do so with out telling anyone. as soon as you get to ND file a custody suit and claim you had to move there because he will not support your daughter for one and you are expecting another child and will not be able to work. i hope he dose not know where your parents live. do not tell anyone.
if he wants to come after you make him work hard for it and make it expensive for him.
you may also want to make sure you mention he has assaulted and beaten you on several occasions and you fear for your and your daughters safety. see if you can import you protection order to ND.
remember you must slip away without his knowing about it. he may try to keep you daughter if his parents find out. so do what ever you need to do but do it quietly and secretly . do not even tell your friends when or where you are going.
if you stay his parents can use your poverty against you in a custody battle. legal aid lawyers are worthless as **** on a bore hog. so get a real lawyer when you get where you are going. if you win he will have to pay the lawyer. you cannott out punch him so you have to out smart them.Source(s): mean old lady
- Anonymous9 years ago
In the absence of a court order forbidding it ,,, yes you can leave but be prepared to be ordered right back for a custody hearing
Oh , and BTW , fleeing the state with the kids isn't going to help you get custody ,,, quite the contrary,
- Girish MehtaLv 79 years ago
My dear friend,consult free legal cell in your city and find out where you stand as per law.Source(s): I am a counsellor.