My question involves a child custody case from the State of: NY
A week ago I fled the state with my 3 children from an abusive marriage. I'm trying to figure out if it's best for me to try to file for custody or wait and see if my kids father files custody while I try to establish residency? I did speak to a lawyer who said I could do either but because I left I will have a tough battle in court. But I spoke to a family court advocate before leaving and she said that due to the order of protection there is (part B order) and the fact that he's been arrested and had a founded child abuse case I would have a good fight to get permission to relocate. So it's slightly conflicting information and I'm not sure which I should do. My kids father told me he wants to settle out of court but wants full custody, I offered him 50/50 in each state with no child support payments. He insists he doesn't want to go to court but obviously I can't give the kids up after getting them out of the abuse. So do I file? Do I wait? He doesn't have a strong history of being proactive with his other kids and custody. I don't want to move back into the state but I also don't want to give up my children. Do I call another lawyer for advice? I just want to figure out my best course of action.