Can I leave and take the baby with me?


#1

Hello,

Last night my husband and I got in a fight that ended up with him pinning me to the ground and not letting me get up all because I tried to block his path when he tried to walk out of the room… all this because I just wanted him to help clean up the living room. He later claimed that he was scared of me, was trying to defend himself, and thought I was trying to assault him. In fact, he called 911 and then called his family and told them this story.We don’t have a history of major fights, especially violent ones. But he threatened to divorce me and take our 8 month old daughter away. I’ve thought about leaving many times because of all of his many issuse (drinking, poor work ethic, laziness, irresponsibilty, emotional issues, etc), but due to the fact that it’s “inconvenient” we have been trying to work it out. What I want to know is, if I decide to leave this weekend and move in with my parents, and take her with me, can he do anything to take her away from me? My parents live in another neighborhood about 5 min down the road. Can he try to use the 911 call as proof that I’m an unfit mother? Can he accuse me of kidnapping? I guess I figure that if he were to leave me and take her I’d flip out and call the cops. Yet, we hear of women “leaving with the kids” all the time. What do I need to do to protect myself should he, in anger and as a way to “get back,” try to take her away? Also, we have absolutely no savings right now due to using it all when he was laid off last year, and I took some unpaid maternity leave. Are there any resources or legal plans that I can get on? My company offers one but I can’t get on it until the 1st of January. I can’t afford a lawyer, but I need one…We only rent our house and the lease is up in a year, and we only have one credit card in both our names. Otherwise, everything else is in only one of our names, so assets are not a big deal, or the house. I just need to know if I can leave.

Thanks.


#2

you can take your child but what are you trying to do exactly are you leaving him and wanting to be separated or are you going to try and work out your differences. There are ways of legal aid but you have to go through a whole lot of crap to get there i am going through a abusive relationship and I’ve had enough … it has taken me two weeks to finally get somewhere. But, you have to stay to your word if you go back it will get worse. Your husband can not take the child away from the mother that has to be brought up in court and a judge does not believe in it only rare cases does the father get the child, technically when still married you can take the child to your parents house until served papers for divorce and then custody will be decided… If he is trying to scare you and you aren’t military then in a civilian case it is easier to get your situation figured out … If you feel like you are in danger then you need what is called an order of protection if you have some type of proof he has hurt you or endangered the child this will be even better for your case but if not this can back fire on you… Substancial evidence is always good in every case but since you didnt make the 911 call this may be hard. He sounds like he is controlling and did it bc he knew you wanted to leave. And he seems like he wants you to stay with him, here are some questions for you cause your story is a little confusing,
1)Do you know what he said on the phone word for word and was a report filed did the cops come?
2)Has he ever filed any prior complaints and where are you living go online and look up divorce laws and you can also go to legalseek.com it is a prepaid legal service…
hope you figure more out the legal aid is 45.95 the first month and it is 36.00 the next they go month to month until you have figured out what option is best for record everything … hope this helps


#3

Protection order are called EX parte orders and are immidiately put into effect by judicial system


#4

You may move out of the house and take your child with you, it is not kidnapping so long as you do not flee the state, and let your husband know that the child is safe, and allow him access to her.

I suggest you file an action for custody with the courts immediately as well. I suggest you contact legal aid for assistance.