In DIRE need of advice!


#1

Hello,
I’m at a loss as to where to go to get advice on what I need to do about my marital situation.
I talked to an attorney a year ago , and paid $250 for a consulation that left me feeling
even more scared and confused about what move to make. I have a 2 1/2 year old son
from this horrible marriage and have been threatened by my mother-in-law that she would take him
due to my husband and I auguring .

He has thrown a fridge water cooler at me full of water almost hitting me soaking my clothes
with our baby feet from it, also had slung an ax at me while his mother stood there
and watched , was defending him. I had to step out of the way or it would’ve hit me, and thank God our child was
safe in the truck! He has slammed on the breaks in the middle of 85, and has did that other times, while I was pregnant , and with our son in the truck!
Recently, he started slapping our son in the face, and the first time he did it his mother and brother witnessed it, and said nothing! He slapped him HARD ! My husband is a BIG man 6’8" and his hand is bigger than our sons
head. He also has slapped him in the face with a fly swatted causeing a bruise. I haven’t called the police because I’m scared he will get away with it, or what he will do if he goes to jail .
On top of all this it’s constant arguing, he won’t sleep with me, and his mother is always involved so that we NEVER have
"Family" time. I have asked him SEVERAL time to let’s go to a marriage counselor, and he refuses. There are other issues amongst these, too.

I want to know the consiquinses of me moving back to my home state
to escape this violence towards my son and I ! I know I have to live 6 months in
home state to file divorce there, but how can I safely stay there without him trying to come take our son back? Please , please , please help me! Thank you.


#2

It sound like you need to file for a domestic violence protective order for yourself and emergency child custody for your son. When you go to court for the return hearing, you should be able to ask for primary custody and that you be allowed to relocate. You need to make sure to explain to the court why you need to relocate as judges are reluctant to move children away from one parent even if there are issues of abuse. I say this because even if there are issues of abuse, the court will let a parent rehabilitate him/herself and be reunited with their child, and this is even harder when there is a big distance between them.