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Daughter lives in NY. Had a child with her boyfriend. he did…

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Daughter lives in NY...

Daughter lives in NY. Had a child with her boyfriend. he did not want the baby so she moved to Texas and he went to court and had her brought back to NY. judge gave the baby to him for two months to punish her for leaving the state. She has been living in NY with him for 5 years now but he is abusive and hits and chokes her. Child is now 5 years old and my daughter want to move to Texas with her. she was hurt on her job and collecting disability and it 75% disabled and unable to afford to live in NY. He has NO job, has NEVER worked..lives off his parents. She was the sole source of income. He choked her in front of the school last week and the principal and teachers came out of building to help her. He promised to get counseling and that he would move to Texas if she let him move back in. Against my advice, she did and now he has gone to see a lawyer to make sure she can't leave NY with the child. what are her chances of getting full custody and being able to move to Texas with her child? her ex husband has given his consent that she can move there with their two children. Her parents and sister live in Texas. She has no family in NY. any hope for her? thank you

Lawyer's Assistant: What steps have been taken? Have any papers been filed in NY family court?

They went to family court 5 years ago and standard every other weekend was awarded to father but they reconciled and moved in together. no court since then

Lawyer's Assistant: Have they talked to a lawyer about this yet?

He went to a lawyer to see if she could move to another state with his child but he did not tell the lawyer about his abusive behavior towards her.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She has no money to fight him last time she had legal aid and they did nothing to help her..his parents can afford the top of the line lawyer and will finance his case

Submitted: 1 month ago.Category: Family Law
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Answered in 7 minutes by:
3/20/2018
Family Lawyer: Nisha Jones,
 replied 1 month ago
Nisha Jones
Category: Family Law
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 1 month ago

I'm sorry to hear about your daughter's situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 1 month ago
thank you. I told her to file a police report about the incident at the school and have the principal tslk to the police. his lawyer told him that she will more than likely not be allowed to move out of NY
Family Lawyer: Nisha Jones,
 replied 1 month ago

I'm sorry there is a storm where I'm located that is now affecting internet connection, so please bare with me through any delays.

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Family Lawyer: Nisha Jones,
 replied 1 month ago

Does she have anything in writing in regards ***** ***** consent to her out of state move?

She does need either his consent OR a court order before she can move with her child out of state.

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Customer reply replied 1 month ago
he will never give his consent for her to move. what would constitute a court order? last time the judge was scolding her for leaving and questioning what was so great about Texas...totally on his side about the entire case
Family Lawyer: Nisha Jones,
 replied 1 month ago

I'm sorry to hear that.

At this point though she is the victim of domestic abuse, and that also creates an unsafe environment for their child.

Any abuse that takes place in front of the child also provides grounds for child protective services to get involved, and even possibly for the child to be removed from the home.

The judge needs to be made aware of these situations.

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Family Lawyer: Nisha Jones,
 replied 1 month ago

There are several ways to do this:

(1.) petition for a protective injunction

(2.) file a police report and press criminal charges

(3.) include this information in her petition to the family court judge

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Family Lawyer: Nisha Jones,
 replied 1 month ago

The order she needs from the judge is an Order granting a Request for Relocation.

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Customer reply replied 1 month ago
what are her chances of getting this like 10 to 90 in his favor?
Family Lawyer: Nisha Jones,
 replied 1 month ago

This is the standard order when one parent wants to move out of state.

Does your daughter have an attorney?

If not, she should consider hiring an attorney to help her in this process.

Her attorney can prepare and file the motion and order, and can appear in court alongside her to present these legal arguments to the judge in as persuasive a manner as possible.

She can contact the New York State Bar for a referral to a custody lawyer in her area.

The phone number is:

***-***-****

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Family Lawyer: Nisha Jones,
 replied 1 month ago

If his abuse is properly reported through the channels I stated above -- a protective injunction, police reports, and in the motion to the judge -- then it should be 90/ 10 in her favor.

Domestic abuse in the home is not something the court takes lightly, and has a significant impact on custody matters.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 1 month ago
basically he wins because he fathered the child and he does not want to move out of NY..he can hit her and abuse her and not work or support the child but still have 100% rights over her. the system is a joke,,,men are always on top! thanks for your help but nothing you told me really helps our case its a no win situation still..just like 5 years ago
Family Lawyer: Nisha Jones,
 replied 1 month ago

Did you receive the information I sent you?

I mentioned that I believe this matter is 90/10 in her favor.

That doesn't line up with what you are saying you think I said, maybe you did not receive my response?

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Family Lawyer: Nisha Jones,
 replied 1 month ago

In fact I said quite the opposite, the courts do not take domestic abuse lightly, especially when children are involved.

She has a very high chance of having her relocation request approved, as well as potentially getting full legal custody because of the father's abusive behavior.

I can re-send my prior messages in case they were not received.

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 1 month ago

I'm sorry to hear that.

At this point though she is the victim of domestic abuse, and that also creates an unsafe environment for their child.

Any abuse that takes place in front of the child also provides grounds for child protective services to get involved, and even possibly for the child to be removed from the home.

The judge needs to be made aware of these situations.

There are several ways to do this:

(1.) petition for a protective injunction

(2.) file a police report and press criminal charges

(3.) include this information in her petition to the family court judge

The order she needs from the judge is an Order granting a Request for Relocation.

20 Mar 2018, 2:13 PM

Customer

what are her chances of getting this like 10 to 90 in his favor?

20 Mar 2018, 2:16 PM

Me

This is the standard order when one parent wants to move out of state.

Does your daughter have an attorney?

If not, she should consider hiring an attorney to help her in this process.

Her attorney can prepare and file the motion and order, and can appear in court alongside her to present these legal arguments to the judge in as persuasive a manner as possible.

She can contact the New York State Bar for a referral to a custody lawyer in her area.

The phone number is:

***-***-****

If his abuse is properly reported through the channels I stated above -- a protective injunction, police reports, and in the motion to the judge -- then it should be 90/ 10 in her favor.

Domestic abuse in the home is not something the court takes lightly, and has a significant impact on custody matters.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

20 Mar 2018, 2:20 PM

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Family Lawyer: Nisha Jones,
 replied 1 month ago

Please let me know if you still have any questions about this or need something clarified. I'm here to help.

I've told you exactly how your daughter can and should go about getting her relocation approved (and quite possibly getting full custody) as well as having her boyfriend arrested for the crimes he's committed against her.

Again, let me know if there's something you need clarified further.

And please do take a moment to leave a positive rating for me, thanks!

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 1 month ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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