QUESTION

OK MY SISTER IS IN A VERY ABUSIVE RELATIONSHIP SHE TRIED TO GET AWAY FROM HIM AND TAKE THE CHILDREN BUT WAS NOT ALLOWED BY A JUDGE WHAT CAN SHE DO?

Asked on Aug 18th, 2012 on Family Law - Kentucky
More details to this question:
HE HAS ABUSED HER FOR YEARS HE TOOK THE CAR FROM HER SO SHE COULD NOT FIND A JOB SO THAT SHE HAS TO DEPEND ON Him HE ABUSES HER IN FRONT OF THE CHILDREN AS WELL AS SELLS DRUGS OUT OF HER HOUSE SHE TRIED TO LEAVE THE STATE OF KENTUCKY BUT THE DAY SHE TRIED TO LEAVE SHE WAS SERVED WITH A COURT DATE TO APPEAR AND WHEN SHE DID THE JUDGE SAID IF SHE TRIED TO LEAVE SHE WILL BE CHARGED WITH KIDNAPPING.SHE IS NOW STUCK WITH NO MONEY AND NO WAY TO HIRE A LAWYER AND SHE NEEDS TO GET AWAY FROM HIM BEFORE SHE ENDS UP DEAD AND THOSE KIDS ARE LEFT WITH NO PARENTS PLEASE HELP HER TELL ME WHAT TO DO AND I WILL LET HER KNOW WHAT TO DO HE READS ALL HER STUFF SO I HAD TO DO THIS IN SECRET.
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2 ANSWERS

Adoption Law Attorney serving Easton, PA at Ellen S. Kingsley
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My guess is that the judge was not saying she had to stay with her husband, but rather saying she can't leave the state with the children.  She should call a local shelter and consult with an attorney. She can probably file a Protection from Abuse petition against her husband and have him removed from the home.
Answered on Aug 18th, 2012 at 1:02 PM

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Automobile Accidents Attorney serving Chesterland, OH at Law Office of Simon W. Johnson
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It isn't clear whether she is married to his man or not.  This makes a difference.  If married, she needs to file for divorce and seek custody of her kids.  If she is not married, then she needs to secure custody of her kids either in juvenile court or domestic relations courts.  In Ohio, there is a law that states an unmarried mother is the sole custodian of the child.  I don't know if Kentucky has a similar statute.  But the underlying issue is whether the dad has any custodial rights.  If he doesn't then I don't understand why she can't leave with the kids.  If he does have parental rights recognized, then she will have to address those either by filing for divorce (if married) or filing a motion to modify custody (if unmarried).  Whatever path she chooses, she will have to accumulate all the evidence she can as to the abuse, drug use/dealing, etc.  She is looking at a lot of work.  Of course, hiring an attorney is the best route to take and she should also exhaust all possible sources of money that could potentially help her retain a lawyer.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124
Answered on Aug 18th, 2012 at 11:08 AM

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