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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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im moving out with my 22 month old son, just 5 miles away tomorrow,

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im moving out with my 22 month old son, just 5 miles away tomorrow, my husband has a history of violence , I made my "plan" now I need to move, tomorrow. I have contacted a lawyer but he has yet to follow up and call me back, I need to know if I can legally leave with him and, or, if I need to go to the courts and file an order of protection or some sort of paperwork, he hasn't abused him physically, but he is aggressive with me in front of him, And he yells at himself and other people in front of him regularly which i do consider verbal abuse as my son is showing signs of anger by ways of pinching and screaming himself. My husband has no financial means to provide so I'm not trying to get any help from him. I have been paying for all of my sons childcare and other needs and intend to continue to do so, I simply want to do what is right by the legal standards. I can not live another day seeing my son effected by this bad behavior, I was wrong to allow it to go on this long expecting him to grow up or change. I have filed police reports on him in the past so the police probably think I'm a fool for staying this long, my former neighbors have also called on him for his screaming at me in public, we have been asked not to attend functions because of his rude behavior towards me & because of his inability to function as a normal person, its humiliating to say the least. He also has a history of drug abuse and I do believe he is using now, last week I found use needles in his golf bag, I'm not to familiar with this but I saved them in case i needed them for my legal case. that was basically when I knew he had much more going on outside of our life that I didn't know about.I have been told by many of other woman , and quite honestly I just work so much and spend my free time with my son I don't have time to track him down, I just want out to be a better mom. Please advise, thank you Jenni
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question, Jenni.

I am terribly sorry to hear that you are in this situation.

Legally, however, you are free to leave and move elsewhere. If there is no current formal custodial order in place in which custody of the child is provided to you or to your spouse, you are both deemed to have co-equal rights. Either of you can take the child and move elsewhere until and if a court order is put in place denoting formal custody. So long as you do not try to leave with the child out of the country, you can move and can even go beyond state lines if necessary.

Good luck.
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