Leaving the state with child.

[luvsmetallica]

What is the name of your state? Nebraska

I am wanting to know that if myself and my husband have custody of my daughter (he is not her biological father) and I wanted to leave the state to move, do I have to get a court order to do so? We do not have any type of legal litigation at this time, however, I would like to get a divorce as soon as possible. I know that he will not contest my daughter being with me as far as the custody, but if I leave the state and THEN begin to proceed with the divorce, will I be in any type of contempt of court for taking her out of the state?

In regards to wonderif2's question about what state I was planning to move to, it is North Carolina.

Please also note, that this is the type of situation where I feel I would literally have to pack my stuff, take my child, and leave without my husband knowing. Not only do I fear that he would stop me, but I don't want to deal with that type of scene in front of my daughter.

 

[wonderif2]

It depends on what state you move to. Most states (if I am correct) require that you have been a residence for x amount of months before you can file for a divorce. If you dont mind me asking what state are you moving to?

here is the link to the statutes of Nebraska.


http://statutes.unicam.state.ne.us/default.asp

 

[confusedfiance]

ok first of all, do you have a relative you can go stay with??? if you can get you and your child out of the house, it'll be a lot easier to file for a legal separation or divorce and him not harass you about doing it. then you can move to whatever state you want after everything is finalized, but i suggest not moving and then trying to file because like whatif2 said, some states require you wait a certain amount of months to claim residency.

 

[Bre's_mom]

If he is not her bio dad then how do both of you have custody? If you have custody of the child then it dont matter if you leave state, but the bio dad needs to be notified of this move in advance or you could be held in contempt of court.

 

[Grace_Adler]

Crap, I just called the magistrate here to try and help but I forgot we are talking about a step parent. That's true though, step parents don't have any rights. Where's the biological father and is there anything proving that he is the father like an affadavit of paternity, DNA test, or marriage? If there's nothing saying he's the dad then I he probably would have to establish paternity, then fight for custody, visitation or whatever he wants. If there is something saying he's the father is there a custody arrangement with him now, visitation or support set up through court? If there is anything you're going to have to see what the court orders say. If there's nothing set up, it may be that you automatically have sole custody if you were never married.

Anyway, the magistrate said that if you are afraid of your husband you need to file a restraining order there then you can move here but she believes there is a residency period before you can file but she doesn't know how long it is. I don't know if someone else at the courthouse or at the bar association can tell me but there's no one there now, it's after 6pm.

The downside to filing here is you may have to wait a little while, the upside is if something happens you won't have to go back through the Nebraska courts from here.

I can also give you a link to the general statutes.

http://polisci.com/web/slegis.htm

Oh yeah, if you're definitely going to move here I can give you the number to Legal Aid (good luck getting any help from them though) and to the bar association. They can refer you to an attorney so you can get a consult for $30. Or, if you let me know what county you are moving to I may know of a family lawyer you can try.

 

[kidoday]

Did your husband adopt your daughter legally?

It truly makes a difference how I respond if he did.

 

[wonderif2]

Good eyes...Grace_Adler! I didn't catch the (not bio dad) part. If he didn't adopt the child, then you can move and he can't do anything about it. Also from what you added to your post. If you are afraid of him, once you move file a restaining order against him. I mean I don't want to jump the gun, but if he is harming you or your child, you do have the right to protect yourself and your child. Am I right?

 

[Grace_Adler]

Thanks & you're right!