Getting Permission to Leave State with Daughter
My question involves a child custody case from the State of: Louisiana/Alabama
I am originally from Alabama, where my child was born. Her father and I fell upon a terrible turn of events and had to move to Louisiana with his family. Our daughter is only 4 months old, and I have recently decided I need to make the decision to move back home to Alabama without her father. Things are not working and I do not feel like this is a safe environment for our daughter. I need to leave as soon as possible. Through the arguing, I have mentioned the thought of leaving-and he then informs me that im a 'stay at home mother with no income and no family' and i could never provide her enough support. He also says that she 'needs to stay with her family in Louisiana, and I have no right to take her. Like I have said before, I DO NOT FEEL SAFE HERE. I have made arrangements with a couple of friends, since I do not have any living relatives to be out by the end of the month. I'm not sure what my next step should be. I am in no way trying to hide from her father, I just want to get out without the fight and let things calm down. He is a good father, but a bad person to be in a relationship. I do intend on allowing him to see her, once we get to that, but as for now I need to know if I am making the right legal steps by leaving. I do not have a lot of time to do any research, since this is not my computer, and I am not alone enough to make any motions. I also do not have the financial capabilities of finding an attorney, so any help on that would be appreciated as well. We have both acknowledged paternity at birth, and her father is in no way harming her. We just need to separate as soon as possible & I do not see our living arrangements to be safe for me or my daughter. He will not let me leave with her, because he says he has the money to 'turn my life upside down'. I just want to get me & my daughter safely back home, get on my feet, and then allow time to heal. Any help is appreciated. Thank you
Re: to Leave State with Daughter
how long have you been in LA?
Re: to Leave State with Daughter
You should go to your bank to see if you can qualify for a loan because having an attorney will be very valuable to you. I had to hire my attorney through a loan, and I feel like it is worth it for my child. Many times, the initial consultations are free. So you should at least find an attorney to consult with. Call around.
Your lack of income and being a stay at home mom will not be held against you in future custody battles. So don't listen to him.
It is not good for a child to be in an environment where the parents are fighting all the time. I does, indeed, make the child feel unsafe. So I hope you can separate soon and like you said, let things "calm down."
Re: to Leave State with Daughter
Re: to Leave State with Daughter
Your child was born in Alabama, and you've only been in LA for 2 months?
There is nothing stopping you from returning to Alabama with your child. You DO need to file for custody tough - in Alabama.
Re: to Leave State with Daughter
Quote:
Quoting
Dogmatique
Your child was born in Alabama, and you've only been in LA for 2 months?
There is nothing stopping you from returning to Alabama with your child. You DO need to file for custody tough - in Alabama.
exactly.
The point of my question was in determining which state has jurisdiction in the matter. If it had been more than 6 months, if you left to Alabama, the father could file for custody/visitation in LA and ask the court to demand the child be returned to LA. If you are going to do this, do not wait too long as it will allow such action.
Re: to Leave State with Daughter
The child is only four months old, so... ;)
Re: to Leave State with Daughter
Quote:
Quoting
Mr. Knowitall
The child is only four months old, so... ;)
well, I suppose. Maybe it would be different it is was Georgia, no wait, Missouri.:o