I am engaged to my boyfriend and we have a 19 month old daughter together. About last October he got drunk and yelled at me in front of our child and later tried to choke me. I thought maybe everything would work itself out and we would be okay and our relationship could continue but the more I think about it I cant be with someone who has done this to me and the potential to do it to our child. I would like to leave and move to California to be by my family, this wold entail leaving the state with our daughter. I made a huge mistake and never reported the abuse. Im just wondering what kind of trouble I could possibly get into by leaving the state? Ive been hearing things like kidknapping and such. I just basically feel like I have no rights in this situation.
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Domestic abuse
- Thread Starter Zill
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Has an order from a court been issued giving him visitation? Has paternity been established and is he listed on birth certificate and paying child supprt? If not you can take the daughter to go back to your family. He would have to establish paternity, and go to court asking for visitation, then in turn pay child support.
You have rights, Dad also has rights. Was paternity ever established? If so Dad has some rights. If not, then he will have to establish paternity first but his state would have jurisdiction unless 6 months passes and you file court papers in CA. If there is no custody or visitation order in place, if you move to CA Dad can file court papers in his state and ask for custody or return of the child.
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CdwJava
Moderator
In many states there are laws that make it criminal to conceal a child from a parent. if you were to leave and go to CA you MIGHT be violating the law in your state by concealing the child from him.
You should consider speaking to a local attorney, first. If you err, you could end up in a CA jail while dad gets full custody of the children back home.
- Carl
You should consider speaking to a local attorney, first. If you err, you could end up in a CA jail while dad gets full custody of the children back home.
- Carl
I was told that before I leave AZ that I contact the district attorney's child abduction unit and notify them that im leaving the state with our daughter because of domestic abuse. I have every intention of tell him where I am going and I would never try to keep his daughter from him.
Who told you that? That is entirely seperate from family court. Like I said ti might be criminal for you to leave the state, BUT if the father files papers, or is unable to serve you because you have disappeared, he can ask for a default ruling. If you then do not follow court orders, then it turns criminal.
Domestic abuse is not a reason alone to flee the state. If this winds up in court you are going to have to prove the move is in the childs best interest.
You really should talk to a family law attorney.
Domestic abuse is not a reason alone to flee the state. If this winds up in court you are going to have to prove the move is in the childs best interest.
You really should talk to a family law attorney.
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