NY law to move back home?

[momof2boys1girl]

What is the name of your state?New York (Albany)

Hi what steps do I need to take to move back to Ohio where I am from with my children? My current spouse and I are seperated and we have one child together (2) and I have other children from prev. marriage and he is in Ohio. I want to move back home where all my family and support system is, I already have been offered a job and a place to live. My spouse now doesn't want me to move away although he lived with me in Ohio before we came here, after he told me how much money he would make, and he hasn't worked much since we moved here and has become quite verbally abusive. So i'm ready to move. What papers do I need to do besides filing for divorce? I did online file for custody w/ the family court but it's been 34 days and I haven't heard anything from them yet.

 

[momof2boys1girl]

Does anyone have any advice on this?

 

[Zephyr]

I would definitely get an attorney and do NOT move until you have something from the court that says you may, you could be endangering your right to custody.

 

[VeronicaGia]

What is the name of your state?New York (Albany)

Hi what steps do I need to take to move back to Ohio where I am from with my children? My current spouse and I are seperated and we have one child together (2) and I have other children from prev. marriage and he is in Ohio. I want to move back home where all my family and support system is, I already have been offered a job and a place to live. My spouse now doesn't want me to move away although he lived with me in Ohio before we came here, after he told me how much money he would make, and he hasn't worked much since we moved here and has become quite verbally abusive. So i'm ready to move. What papers do I need to do besides filing for divorce? I did online file for custody w/ the family court but it's been 34 days and I haven't heard anything from them yet.

Unless a judge says you can move, the minute you move, he can file in NY for custody and to order the kids back to NY. In fact, until you establish residency in OH (usually 6 months) NY will have jurisdiction over the kids.

Look at it this way, YOU can move anywhere you want, but the kids are another matter.

 

[momof2boys1girl]

What if I have no money for an attorney

 

[Zephyr]

you can apply with an organization in your state that offers free legal services or income based legal services, your state bar association website would likely have links to those organizations. I have seen it countless times on this site DO NOT REPRESENT YOURSELF. some attorneys might take your case by invoice rather than by retainer (unlikely though), in that scenarion you would pay as your lawyer submit bills to you rather than a big lump sum right up front.

 

[momof2boys1girl]

Do you know the site for those? And another ? should I take it upon myself to file for divorce first as well? Or wait until the custody part starts. And when he is violent should I always call the cops out? I am not usually scared of him, he may hit the wall or doors and not touch me so I dont call anyone out here, but I have taken pics and kept very good records myself.

 

[Zephyr]

http://www.probono.net/ny/index.cfm?Geographic_area=NY

 

[Zephyr]

I don't know if tht site will help or not, but it's worth a try

 

[momof2boys1girl]

Thanks I found that site and a couple more, one of them tells the times to call and it is for child custody and divorce too. Thanks alot.

My spouse still lives in this house, he refuses to leave although this is where all his family lives and friends, I know no one, so I have no where to go, and I have a child in 3rd grade. He just stays to make us misrable. I wish I had a family member who was a lawyer. lol...
Any advice on the prev. question.

 

[Zephyr]

I would certainly phone the police when he is violent. violence has a tendency to escalate, so I say this not so "you can nail him and move with the kids" but if it does escalate you have 3rd party documentation of the history of violence, for your own protection. he also may decide to leave the home once he realizes you won't tolerate that behavior.

 

[momof2boys1girl]

Should I file for divorce now or will that matter?

 

[momof2boys1girl]

What kinds of forms do you need to fill out for family court and what other info may I need?

 

[GaAtty]

GAAtty

You do not file on line for custody. You already have custody. Custody is not changed until there is a divorce and it is then decided by the court. You are only separated, and you have not filed for divorce yet, that is probably why you don't have an answer.

 

[BL]

N.Y.

First , you need to be out of the residential home with your husband .

You should call your local battered women's organization ( even though you or the kids aren't be hit , it's a form of abuse ) .
That organization can point you in the right direction, and if you are in fear and the believe you might be at risk , they might even take you and the children in , until you can get setup with a place of your own .

Once you're out of the home w/ the kids , you can go down Family Court Clerks Office , and file for Temp . Emergency Custody , or Custody/Visitation Petition . Some Courts have advocates to help you in their lobbies .Ask if that one does.

If you can not afford a Lawyer one will be appointed .

Once you are out of the home and have the children , and you've filed for
" legal physical Custody " also file for child support .
NY does not provide free attorneys for CS matters , but as long as you have the children with you and a Custody Petition pending , you should be awarded child support .

You can work on a Divorce later.

You might also be able to get a Landlord to fill out a Landlord Statement .Get one at the State's Local Temp. assistance Office .
Once you have one you might be able to get Emergency assistance , then go from there .