Q: What happens when you locate to a different state without other parents consent?
I'm currently in a relationship where I'm getting verbally and mentally abused and I'm not doing okay. I'm not sure at what point this will turn physical. I'm considering moving back to WI with our 3 month old baby to be in a better and safe environment. The thing is I'm afraid if I tell my partner he'll turn maniac. I would prefer to leave our current home in AZ, but when he is not home to avoid any physical and verbal abuse (without his knowledge). What happens if I were to take this route? Would this be considered kidnapping even if this is our child? I know that he would not take me to court due to his background and past due child support from a previous relationship. What happens if I decide to move back to WI and he calls the cops? He's also not on our child's birth certificate. I'm not sure if this makes a difference. Any insight is greatly appreciated.
A:
It seems as if you may need to obtain an order of protection. If you leave without the other parent's consent and your child has been in Arizona since birth, the Court can order you to immediately return the child to Arizona. You may also be subject to the International Kidnapping Act. The best course of action is probably to file a Petition to Relocate.
My suggestion is that you contact an experienced family law attorney.
A:
With all due respect to Ms. Sirlin, if you can prove that you are being emotionally abused, you have to do what is right for you and your child. With the slim set of facts you have presented, it sounds like your best course of action would be to relocate to Wisconsin and immediately file an action for custody there. There are exceptions in the UCCJEA where courts may exercise temporary emergency jurisdiction where the child or parent is subject to abuse.
You DO need the guidance of an experienced family law attorney. As I mentioned in response to your other post earlier today, most judges do not understand UCCJEA much less every family law attorney. Intrajurisdictional disputes are complicated. Get your family to help you and get competent counsel ... after you make it safely to Wisconsin.
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