Q: I want to move to Calif., a divorce and full custody of our son, bc he is an abusive alcoholic. What first steps?
My husband has been mentally and physically abusive toward me. He does not help me take care of our son (actually or monetarily). He does not provide us anything but a roof in his mothers home. I want to move back down to Calif. to be by my family and far from him. I don't know if I will be able to leave if I inform him before doing so (I have tried in the past and he has physically trapped me in the house). I want to take my son to Calif. and leave, but I don't want to get into any legal trouble. What first steps should I take? If I just leave and go to California (where my son and I will be safe) can I get the divorce and custody from there?
A: Assuming your husband objects to your move to California, California cannot decide custody of your child until the child has resided there for at least six months.
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