QUESTION

Can my husband take my baby out of state?

Asked on Jan 26th, 2012 on Child Custody - Minnesota
More details to this question:
I live in MN and my husband cheated on me and left us 2 months ago. Now he is moving out of state. He is demanding 50% of time with him and he is only 11 months old. I was abused mentally and physically by him, and unfortunately not all incidents were reported. He has threatened in the past to kidnap him from me. Is a judge going to make me give him my infant for that long? There is no divorce or anything in motion.
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1 ANSWER

William/J Joanis
On the facts you state, unless there is more, there is no way on God's green earth that a father is going to get 50/50 parenting time with an 11 year old that he left for two months.If he has a history of domestic abuse he is probably not going to get joint legal, much less joint physical.  Get a lawyer. I do not know your circumstances, but do not try to do this on your own.  If money is tight, I know we take small retainers and then monthly payment plans, and I know other lawyers do too.  Also, there may be free services available to you if you cannot afford that. But protect yourself.  You should not take this from him.  You have a child to think about. 
Answered on Jan 30th, 2012 at 3:16 PM

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