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.

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