scared4ourlife
recently joined
Reged: 01/16/11
Posts: 1
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Need advice. I moved my 2 yr old daughter out of her home state because her father's mental abuse had reached the point where I was afraid for my life and for her emotional well being. Her father had me under his thumb. I was isolated from any friends I made. He has a lawyer out here and is asking the court to dismiss my legal seperation and return my daughter due to jurisdiction. Can anyone explain the emergency jurisdiction act?
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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You can't move a child out their original jurisdiction without permission from the court.
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3158
Loc: SC
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Your daughter is a legal resident of her home state and as DD said, you can't move her without permission of the court.
You can leave, but until custody is decided she stays put.
You don't say whether you have a lawyer or not, but if you don't I would suggest you get one pronto. Barring the ability to do that, you should seriously consider moving back to the home state, albeit separate residences. Removing your D without permission or a clear custody order, could result in your Husband gaining full custody.
If your argument is that he's abusive, you'll need to be prepared to prove it to the court. Documentation in the form of police reports, psych evals on you and your D, 3rd party *non-relative* witness accounts, and anything that proves he is abusive as a FACT, not your opinion, will work in your favor.
Unless you get a judge that is pro-mother, or subscribes to the 'err on the side of caution' philosophy, what you've done will likely tick them off. Judges see a LOT of abuse claims, and they're not always real, so as a result not all judges will take you at your word.
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Marriage doesn't come with a money-back guarantee.
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