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What are MY rights?

I have been married for 5 years with a 3 year old daughter. My husband has been mentally horrible to both of us. I decided to leave while he is away for a few days ( work related) .... My family live 4 hours away ( same state), that is where I am going ... he has told me before that he will take her and everything else from me if I ever left...I really have no proof of how badly he has treated us besides my families word ( of what they heard on the phone) ....

If I take her and we go to my families home to stay...can he somehow say I am keeping her from him ( even if I say he can come visit, he just cant take her)

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Anonymous

Asked by Anonymous at 11:13 PM on Apr. 27, 2010 in Just for Fun

Answers (6)
  • Get some legal advice. TAlk to a good family lawyer. If you can not afford one go on line and seek out some advice from a legal site. Good luck, keep strong and do the right thing for you and your daughter. He is probably miserable and has no brawn to back up his threat.
    mmmegan38

    Answer by mmmegan38 at 11:25 PM on Apr. 27, 2010

  • The only way he can legally take her from you is to get a judge to say that you are an un-fit mother. If you choose to leave then make sure you let him see your daughter-just to look better for a judge- and if he threatens to take her, call the cops. Most likely since you have no real proof of abuse, then you and your husband would have shared custody. Get a lawyer and go to court about custody asap!
    alexsmomma06

    Answer by alexsmomma06 at 11:29 PM on Apr. 27, 2010

  • I don't know about where you live but here in Ontario Canada a parent can get an emergency custody order issued by a family court judge that gives said parent custody of their child until a divorce hearing occurs. Either look into it yourself and go before a judge to request one or if you can afford it (and I highly recommend it) get a family law lawyer on board to give you a hand. Even if you have to borrow money to pay the lawyer the risk of losing your child to an abusive father is worth it.

    I wish you luck and hope everything turns out. Be aware for an escalation of his abuse once he finds out you've left him. I hate to sound like an alarmist but research proves that the first 3 - 6 months after a wife leaves an abusive (mentally or otherwise) husband can be the most dangerous and that is when a lot of women are murdered. Be careful. If he threatens you call the police.
    Allergic2Stupid

    Answer by Allergic2Stupid at 11:31 PM on Apr. 27, 2010

  • I don't know how you'd feel about it, but if I was in that situation I'd run. Far and fast. Canada, Mexico, somewhere he wouldn't have a clue, Cancle the facebook and other social media accounts he could possibly hack.

    I wouldn't let him have a chance in hell of finding me.
    lstrickland

    Answer by lstrickland at 11:57 PM on Apr. 27, 2010

  • National Domestic Abuse Hotline- 1.800.799.SAFE (7233).......... they can find you everything from free legal to shelter
    GMMOLLY

    Answer by GMMOLLY at 9:02 AM on Apr. 28, 2010

  • If you are married and you take her and leave, I am afraid you will be in trouble unless you can prove the abuse without a doubt. Sorry, but you need a lawyer,and to go through the proper channels. This way he can rant and rave and look like an ass in front of the courts. Baby steps. You don't need a kidnapping charge! How would you look at this if he did this to you?
    salexander

    Answer by salexander at 2:21 PM on Apr. 28, 2010

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