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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18083
Experience:  B.A.; M.B.A.; J.D.
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Second opinion] - I am currently living in Hawaii with my

Customer Question

Second opinion] - I am currently living in Hawaii with my partner and my 2.5 year old son. I'm a stay at home mom, and my partner is emotionally abusive and controlling. He threatens to take my child if I try to leave. Hawaii is extremely expensive and I am not employed. The home car and property is all in his name. I need the aid of family to get on my feet but would have to move to Michigan in order to do so. I do not have family or friends to assist in the state of Hawaii. My partner works a mandatory schedule of 10 hour days and often more than 50 hour weeks. Can I leave the state? I am afraid of repercussions of filing for custody while living with him, and cannot afford to relocate in Hawaii.
Submitted: 5 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 5 months ago.

Hello: This is Attorney Phillips. Welcome to JustAnswer. I am reviewing your post, and I will post my response very shortly.

Expert:  Phillips Esq. replied 5 months ago.

I am so sorry to read about your difficulties.

Could you explain a little more?

Is his name on the Birth Certificate?

Thank you for your cooperation,

Customer: replied 5 months ago.
We are not married, and I currently live in his home with him under an umbrella of support by him. All property, the car the home are his. I have an independent bank account but have been out of work for 2.5 years to raise our son. A mutual decision. He has ended the relationship and is threatening me that he will take me to court for custody. Hawaii is extremely expensive and aid for living is a 2-7 year wait list. He is absolutely the father and he is on the birth certificate. I don't have family on the island I feel because of his abusiveness that filing for custody while living in his home is antagonizing a bad reaction. I'm getting lot of mixed information about wether I'm able to move with my child and have hear things such as custodial interference, kidnapping and so on. But I can't move or relocate here do to the cost and the lack of available support.
Expert:  Phillips Esq. replied 5 months ago.

Thank you for the information.

Your Question:

Can I leave the state? I am afraid of repercussions of filing for custody while living with him, and cannot afford to relocate in Hawaii.

Response: Yes, you can leave. You can relocate with the child to Michigan. Because there is no pending custody Order, you will not be breaking any law. As a mother of a child out of wedlock, you have sole custody of the child. The father does not have custody rights until he files for one. You do not have to do anything. Also, if you stay in Michigan for six months, the father would have to file for custody in Michigan, which would then be considered as home state of the child.

You need to plan your exit from Hawaii very carefully. You would leave when he is not suspecting it and when it is safe for you to leave to avoid any physical confrontation..

Also, I will ask that this post be locked for privacy as soon as we are done and you have rated my response.

Best wishes,

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Customer: replied 5 months ago.
Will a judge force me to come back if he files for custody ?
Expert:  Phillips Esq. replied 5 months ago.

Under the circumstances that you have described, of him being abusive, it is unlikely that the Judge would order you to come back to your abuser.