Q: f I leave town to stay with my mother or sister with my son could I face legal consequences from my husband?
I need to leave my husband and he had threatened to take my son if I ever try to leave. I have no family or friends. No where to leave to in town.
A: If there is no court order in place restricting your residence you can move. However, your spouse could file a motion requesting you move back because it is not in the best interest of the child to be moved. But, you get to also counter his argument that it is in the best interest of the child.
Please note that if you plan to file for divorce you have to file in the county that you lived in for the 90 days preceding the filing of the divorce.
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.