Q: New mom leaving deadbeat abusive boyfriend and about crossing state lines with child for safety
My friend had a baby with her long-time (abusive) boyfriend about a month ago in California. She is finally ready to leave after he tried to grab their newborn from her arms during an argument. Police were not called for this incident but he's got a bad record. She wants to flee to either Kansas or Indiana. He's threatened to report her for kidnapping if she leaves with the baby, whom he does not care about. I'm assuming she needs to get a lawyer? I'm just not sure if she can just take off, even though he'd call the police out of spite, possibly. What are her rights? From what I've been told, all he does is get intoxicated and does not help out with the baby or bond. She says she hasn't slept since the baby was born 3 weeks ago. Her and her baby need help now!
A: She should file for child custody and potentially a restraining order. She can ask the court to allow her to move away and submit evidence to support her cause. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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