QUESTION

How can I get away with my daughter safely?

Asked on Dec 14th, 2012 on Child Custody - Massachusetts
More details to this question:
My husband refuses to allow me to leave with my daughter. My only family willing to help lives out of state.
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13 ANSWERS

Cohabitation Agreements Attorney serving Cincinnati, OH at Cathy R. Cook, Attorney at Law
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As you are married, you both have equal rights to the child. Therefore, if you leave with the child, he could file for divorce and ask the court to make you return the child to Ohio.
Answered on Dec 17th, 2012 at 3:37 AM

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Unless there is domestic violence (in which case go to a shelter), you may be stuck sharing the house until the divorce is done. File for divorce and custody. If he hits you, or pushes you, call the cops and make a report.
Answered on Dec 14th, 2012 at 11:12 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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File for divorce and get temporary custody decisions, including the right to relocate, decided by a court order.
Answered on Dec 14th, 2012 at 11:11 PM

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You should contact your local women shelter who can help you make a plan to leave and be safe. They can then help you get to your family.
Answered on Dec 14th, 2012 at 11:07 PM

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It sounds as if you are in a dangerous situation, if you are not being allowed to leave your home, please call 911 or get to a women's shelter as soon as possible with your child, then look into the legal help that you need in order to move out of the state.
Answered on Dec 14th, 2012 at 10:58 PM

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Immigration Law Attorney serving San Jose, CA
Be careful of your and your daughter's safety. You can call the police and request civil standby when you want to leave. Depending on the child's age, the police will help facilitate the move out. If you do not have court order, the police might or might not be very helpful either. However if your intention is to leave him and go out of the State, then do not act on it because you can be charged with kidnapping the child. Parental Kidnapping occurs when one parent deprives the other of his or her legal right to custody or visitation by illegally taking the child out of the jurisdiction. It is outlawed by the federal Parental Kidnapping Prevention Act (28 U.S.C.A. 1738A [Supp. 1993]), which applies the Full Faith and Credit Clause of the U.S. Constitution to child-custody cases, meaning that each state must abide by custody decisions made by another state's courts if the other state would be bound by those decisions. The Parental Kidnapping Prevention Act often works in concert with state laws, such as state adoptions of the Uniform Child Custody Jurisdiction and Enforcement Act, in order to facilitate the return of a child to the state that has proper jurisdiction. Many of the custody provisions in the federal law are similar to those in the corresponding state laws. Best thing to do is to consult an attorney in person in your area and get the right advise.
Answered on Dec 14th, 2012 at 10:50 PM

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Get in your car and drive.
Answered on Dec 14th, 2012 at 10:45 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You will have to petition the court to allow the move if there is a divorce action filed. If there is no court order, you are free to do what you wish. Speak with an attorney, give him the details and get a firm opinion.
Answered on Dec 14th, 2012 at 9:50 PM

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Adoption Attorney serving Fort Walton Beach, FL at Rubin Law Firm
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You will need to file a supplemental petition to relocate out of state and have the Court grant you this right.
Answered on Dec 14th, 2012 at 9:45 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Contact the Idaho Coalition Against Sexual and Domestic Violence, www.idvsa.org. They may be able to help you.
Answered on Dec 14th, 2012 at 9:26 PM

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You need to work with the court on leaving the state with your and your husband's child. If you simply take off, it could impact your custody case down the road. If you are in danger, contact a women's shelter such as the YWCA to find a save haven while you work the issue out here.
Answered on Dec 14th, 2012 at 9:26 PM

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File for divorce and get custody of the minor child. Hire an attorney to help you reach this goal.
Answered on Dec 14th, 2012 at 9:16 PM

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Professional Liability Attorney serving Brookline, MA at Law Office of Robert Stolzberg
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Go to court and get a judge to allow you to take her.
Answered on Dec 14th, 2012 at 9:14 PM

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