How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38268
Experience:  Retired (mostly)
10097515
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I was wondering if someone could advise me in my current

Customer Question

Hello, I was wondering if someone could advise me in my current situation. I live in NYC and I am US citizen, I am married to illegal immigrant who I am currently sponsoring, we have a 2 year old son together. He is very abusive both physically and verbally, and I am afraid to leave with my son because he threatens that he accuse me of kidnapping my child. He is doing illegal drugs and abuses alcohol, I am a total abstinent. He threatens that he will kill me if i try to take the babe and leave. I was planning to leave the state in secret, but I guess first I need temporary child custody order before I can do that. How do I go about that, and how long do I have to wait for the order? Also will he be notified that I am trying to get the custody of my child before I will get it?
JA: Our average wait time is under 20 minutes. Sometimes it takes just a minute. More complicated questions that need more research might take an hour or two. I'd be happy to chat with you while you wait. The stories I've heard working here... Because family law varies from place to place, can you tell me what state this is in?
Customer: New York state
JA: Has anything been filed or reported?
Customer: No I have not filed anything yet, I don't want him to know that is what I am planning to do
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 3 months ago.
Category: Family Law
Expert:  socrateaser replied 3 months ago.

Hello,

You do not need a court order to leave NY State if you are prepared to testify in the state court where you move that your spouse is physically and emotionally abusive to you and your child. You can obtain a temporary emergency custody order in the new state and that order will prevent your spouse from attempting to recover the child, or to come within 1,000 feet of you or the child.

So, if you are afraid for yourself or for your child, then pack your bags and go. Life is too short to be afraid of your spouse.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 3 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

Related Family Law Questions