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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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I am married to a mentally abusive man and yes he was

Customer Question

I am married to a mentally abusive man and yes he was physical in the past when he was drinking, now it is mental. I have an 11 year old at home yet. My daughter is in the air force in Ohio and my son in law is in the bomb squad. Being from Minnesota and wanting to go to Ohio, what are my legal rights on leaving him and going with my son. The previous incident is recorded but I did not press charges thinking things would change of course. Am I able to cross state line if divorced or is it better to stay legally married to this guy until my son is of age. Money of course is an issue
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I am sorry to hear of this matter and the abuse you have endured.

If you file for a divorce in Minnesota, the court can rule that the Father is entitled to custody/joint or sole OR visitations. If that happens the court can also restrict your relocation with the minor child to another state.

I suggest that if you move with the minor to Ohio and then once you establish a residence for at least 6 months, you can file for divorce there. While the court may also allow a joint custody situation or visits, if you file in Ohio the chances that you will be able to remain there with your son are greater than if you request to have the court allow you to move once a Minnesota divorce is complete.

I suggest, that once you move to Ohio, you should consider consulting with a local Ohio family law attorney who can help with filing for divorce.

Expert:  Samuel II replied 1 year ago.

If you cannot afford a private attorney, I suggest you can consult with domestic violence victim advocate who can help you since you have a history of being in a domestic abusive marriage.

Expert:  Samuel II replied 1 year ago.

In other words, there are no laws prohibiting you from traveling with the minor child to another state. And you would not be precluded unless there is a court order. And the court order would only come if you have a pending divorce in Minnesota.

Expert:  Samuel II replied 1 year ago.

The one thing you need to be aware of is if your husband files for a divorce in your absence, the Minnesota Court may grant him a temporary custody of the minor child and if that happens the court would order you to return the child to the Father until the matter of custody can be fully resolved.

Expert:  Samuel II replied 1 year ago.

But if you can hold him off for at least 6 months, until you are able to file in Ohio, then you can get the custody of the child.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you