I reported a domestic violence against my husband. I took my kids and moved to other state. I dont have family and friends from home state. I'm an immigrant ,no drivers license, no work because my husband took and hid all my papers which preventing me from getting job and drivers license. Now,my husband got a lawyer and trying to get the kids back in the homestate. What is his chance to get the kids?
Can my husband stop me from bringing my kids outside state even Though there was domestic violence involved?
More Details:I reported a domestic violence against my husband. I took my kids and moved to other state. I dont have family and friends from home state. I'm an immigrant ,no drivers license, no work because my husband took and hid all my papers which preventing me from getting job and drivers license. Now,my husband got a lawyer and trying to get the kids back in the homestate. What is his chance to get the kids?
There are a number of questions that are important:
Was your husband charge and/or convicted of Domestic Violence? If so, is there "No Contact Order?"
Have either of you filed for diivorce? Is there a custody order?
How long ago did you move out of state? Was there a custody order in effect at that time? If there was a custody order in effect, did you get an order from the Court to permit you to move out of state?
If there was no custody order when you moved out of state, and if you have been living in another state with your children for more than 6 months, then the home state of the children is your new state, and you can file for divorce / custody in the new state.
Even if you have not lived in the new state for more than 6 months, a statute (Unioform Child Custody Jurisdiction Enforcement Act) would permit you to file for custody in the new state if your husband physically abused you or your hcildren.
I strongly suggest that you hire an attorney where you live. Your attorney should be able to advise you whether you need an attorney in Michigan. If you cannot afford an attorney, you should call Legal Aid or call the local a bar association for a referal.
Good luck.
Stu Shafer
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.