Q: What state keeps mother's with children?
Father of child tried to make me abort baby and I refused so he has threatened court to take the baby away from me as much as possible. I am afraid and only want to keep full custody of my child. He has been verbally emotionally abusive throughout pregnancy, even threatened to sock me in the stomach to stop pregnancy but now wants to fight for custody. I'm afraid and I feel like I'd have no chance staying in California because they favor 50/50 custody and I don't want that at all. Thinking of moving to another state before birth and not putting him on anything. Which state would give me the best chance at keeping full custody of my baby? Thank you.
A:
In California, the court's primary concern in custody cases is the best interest of the child, which includes considerations of safety, health, and emotional well-being. While there is a preference for shared custody to ensure that the child maintains a strong relationship with both parents, this does not mean a strict 50/50 division of time is always mandated. If one parent poses a risk to the child's safety or well-being, as in cases of documented abuse or threats, the court may deviate from this preference to protect the child.
If you are experiencing threats and abuse, it is critical to document these incidents and seek legal advice as soon as possible. You may also consider obtaining a restraining order if you feel threatened. This documentation can be crucial in any future custody proceedings, as it provides evidence of behavior that may not be in the best interest of the child. Engaging with community resources and legal support can offer guidance and assistance in navigating this challenging situation.
Moving to another state with the intention of limiting the other parent's access to the child can be complex and may have legal implications, especially if the move is perceived as an attempt to circumvent the other parent's rights. Before making any decisions, it would be wise to consult with a legal advisor to understand the potential consequences and explore the best legal strategies to protect your and your child's interests. Every state has different laws and standards for determining custody, and a legal advisor can help you understand how these might apply to your specific situation.
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