[JDEL1969]

My question involves a child custody case from the State of: California

I want to end my marriage because my husband is a drug addict/alchoholic. He has been through rehab, but left the program early because he said he was ready and would not use again. Ended up in an outpatient program because he slipped and did not complete that. I feel like his using and constant outbursts are bad for our daughter and I want out. However, at this time I have no job, and no money. I am almost finished with school so I will be working in a few months. The only family that is willing to take me in right now is out of state. Indiana or Nevada.
So, do I just go and hope that he doesn't try to file papers and hopefully in six months I can file for custody in the state I'm in? Or, do I file before I leave and see if the judge will allow me to take her out of state?
It's such a bad spot to be in. I don't want to keep my daughter from him in anyway, but being around this is not good for her!
Any advice is appreciated.

[Mr. Knowitall]

You have identified your two choices: Seek custody now and seek court permission to move, or move and hope he doesn't try to get custody before you've spent six months in the new state and initiate a custody action there.

We don't know enough about your case to tell you your chances, either way. You should consult a divorce lawyer.