Emergency order to leave the state

[GinAA]

What is the name of your state (only U.S. law)? OK

My sister lives in OK. There was a situation last evening where her husband became agitated and started screaming at their 2 yr old son and his daughter. He threatened to throw the child across the room and had his hand around his daughter's throat. My sister called the police and when they arrived they had to search the house and found him in a hidden room in the basement. In this room was her husband and a pot growing operation. About 15 plants. He is in jail to be arraigned tomorrow.

Before you all tell me to back off and have my sister sign up and ask her own questions know that she is distraught and they dont have Internet and she isn't allowed in the home right now anyway.

What should she do to legally leave the state with their child? She doesn't want to run off without the courts knowing where she is. She will be going to either FL or CA to stay with other family. She will file for divorce as soon as she is able to. They had only lived in OK for about 6 months. She is disabled and financially dependant on her husband so I don't think there is a lot of money at her disposal right now. I suggested that she contact a family lawyer first thing tomorrow.

Thank you all.What is the name of your state (only U.S. law)?

 

[Ohiogal]

What is the name of your state (only U.S. law)? OK

My sister lives in OK. There was a situation last evening where her husband became agitated and started screaming at their 2 yr old son and his daughter. He threatened to throw the child across the room and had his hand around his daughter's throat. My sister called the police and when they arrived they had to search the house and found him in a hidden room in the basement. In this room was her husband and a pot growing operation. About 15 plants. He is in jail to be arraigned tomorrow.

Before you all tell me to back off and have my sister sign up and ask her own questions know that she is distraught and they dont have Internet and she isn't allowed in the home right now anyway.

What should she do to legally leave the state with their child? She doesn't want to run off without the courts knowing where she is. She will be going to either FL or CA to stay with other family. She will file for divorce as soon as she is able to. They had only lived in OK for about 6 months. She is disabled and financially dependant on her husband so I don't think there is a lot of money at her disposal right now. I suggested that she contact a family lawyer first thing tomorrow.

Thank you all.What is the name of your state (only U.S. law)?

If nothing is filed already she can just leave the state. End of story. Why does she want the courts to know where she is?

 

[GinAA]

If nothing is filed already she can just leave the state. End of story. Why does she want the courts to know where she is?

She just doesn't want to do anything that would allow him to have their child brought back to the state. So as long as they have not filed anything concerning divorce, she can just leave and establish residency in another state and file there? Or would she actually have to establish residency to file for divorce in another state?

Thank you.

 

[InfantCustody]

She just doesn't want to do anything that would allow him to have their child brought back to the state. So as long as they have not filed anything concerning divorce, she can just leave and establish residency in another state and file there? Or would she actually have to establish residency to file for divorce in another state?

Thank you.

He CAN file to have the child returned to the home state. Given the situation, I don't know that he would be successful. But he can file. She cannot just go file in another state, except if the child is in danger she can file for emergency orders in another state. She would need to live in the new state at least 6 months to file for divorce and custody in that state. If Dad files something in the "home state" prior to the 6 months being up, jurisdiction will remain in the home state.

If she is very concerned, and thinks Dad will file to have the child returned, she should speak with a local family law attorney before leaving the state. She can also contact legal aid and they may be able to assist her. This could prevent issues from arising in the future.

 

[LdiJ]

She just doesn't want to do anything that would allow him to have their child brought back to the state. So as long as they have not filed anything concerning divorce, she can just leave and establish residency in another state and file there? Or would she actually have to establish residency to file for divorce in another state?

Thank you.

Under the circumstances I doubt that there is much risk that she would be ordered to return the child to OK. She would have to establish residency before she can file for divorce in another state.

She will however have to be prepared to return to OK for court if anything is filed in OK before she establishes residency in the other state (six months).

 

[GinAA]

Under the circumstances I doubt that there is much risk that she would be ordered to return the child to OK. She would have to establish residency before she can file for divorce in another state.

She will however have to be prepared to return to OK for court if anything is filed in OK before she establishes residency in the other state (six months).

Thank you all.

From what she was told last night, he has a prior felony conviction and will be in jail for longer than 6 months and then may be sent to OR for other charges that he left the state to avoid. My sister is seeking legal counsel today, before she leaves the state, just to make sure. She is also going to make sure the court knows how to reach her when/if her husband is released.

 

[LdiJ]

Thank you all.

From what she was told last night, he has a prior felony conviction and will be in jail for longer than 6 months and then may be sent to OR for other charges that he left the state to avoid. My sister is seeking legal counsel today, before she leaves the state, just to make sure. She is also going to make sure the court knows how to reach her when/if her husband is released.

I am glad that she is consulting with an attorney. That will get her the most definative answers.