Q: My boyfriend is an addict with a history of domestic violence in previous relationship. Can I take our 2 kids and leave?
I will move 45 miles away to my mothers home. What steps should I take to protect myself and my children and my mother from possible retaliation? I want to know for sure that he can't use my children to manipulate and control me after I get away from him. I'm poor and I have no financial means for a lawyer.
A: If you have no court order governing custody, you can do whatever is reasonable under the circumstances. However the father has equal rights, so you will need to get a court order. If there has been domestic violence, then you should get a restraining order. This is something you can do without a lawyer, as the courts have a simplified process for that type of case. There are forms for you to use and the court clerks are generally very helpful. The DV court can grant custody if it seems appropriate. However, you should be aware that the father can file a custody case and get a more thorough review of the custody decision. As long as everything you do is to protect and provide for the children, and you don't appear to just be trying to cut the kids off from their father, you should be ok. If you get custody under a DV restraining order, you should make some efforts to set up visitation with the father. If it would only be safe if supervised, then ask the court to order supervised visitation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
