Moving Out of State Because of Domestic Violence Threats

Moving Out of State Because of Domestic Violence ThreatsQuestion:

I am pregnant and in a domestic violence situation. The child’s father put me in the hospital last week and has continued both verbal and physical threats of violence and homicide. I’m trying to understand what steps I can take moving forward to ensure safety both physically and on a legal ground regarding custody. Would like to know my options moving forward.

Answer:

You can move wherever you want prior to your child being born. The father cannot file a custody petition prior to the child’s birth. The state where you live at the time of birth will be the state where any custodial rights are determined. You can and should consult with a local attorney first to make sure you understand all of your rights and obligations and the ramifications of a move.
This educational legal blog was brought to you by Avvo and answered by Jean Mahserjian, an experienced New York domestic violence attorney located in Saratoga County. Our law office has been helping residents with complex divorce issues for over 25 years.
Jean Mahserjian, Esq. Avatar

Jean Mahserjian, Esq.

Attorney Albany Law School at Union University, New York State Bar

Jean M. Mahserjian, Esq., is a New York family law and divorce attorney in Albany, Saratoga, and the surrounding areas. For more than 20 years, Jean has maintained her capital region law firm, located on Route 9 in Clifton Park, New York.

The practice encompasses all areas of family and matrimonial law, an online uncontested divorce service and various areas of estate planning.

Areas of Expertise: New York Divorce, Separation, Child Custody, Child Support, Spousal Support, Property Distribution, Post Divorce Issues, Real Estate Closings, Sale of Marital Real Estate, Preparation of Qualified Domestic Relations Orders, Dividing Retirement Assets

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