Family Law Questions? Ask a Family Lawyer Online.
HelloThis 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.
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.
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.
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.
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