QUESTION
Is there any possibility my girlfriend can get custody of her children with the option to move out of state?
Asked on Apr 28th, 2014 on Child Custody - New York
More details to this question:
My girlfriend has two children and is currently married. Over many years her husband has been emotionally, mentally, and on one occasion sexually abusive to her. There has never been any police reports filled or legal action brought against him. She now has enough courage to end this relationship but is very concerned that she may lose custody of her children. She is currently unemployed. Her husband travels often so she is the primary caregiver to the kids. Apparently he is a decent father. She and I would like to further our relationship however I'm active duty military and us being together hinges greatly on child custody. What are her possible courses of action to gain custody of her children to make this possible? Are there any other factors which may play into a court's decision besides best interest of the children, i.e., if we were to get married? If we have a child? Etc. Is there anything legally she/we could do to gain custody of the kids and be together outside of New York?
1 ANSWER
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She needs to file for custody and request specifically to rellocate. She also needs to start documenting the abuse with the police. As she is the primary caretaker, she may have a good chance at custody. Since the father travels often, it may be that his access time with the children won't suffer if she moves. She will need to talk to a lawyer about her rights. Good luck.
Answered on Apr 29th, 2014 at 3:22 PM