My husband is in rehab, he is abusive in just about every way but sexually. The last time he put hands on me wad the day before he went into rehab. We have a child together she is almost 3. I feel that right now is my chance to get out while he is in rehab. I want to be able to leave the state, California, and move to idaho where my family is, i have no family here and no where to go. I tried to leave two years ago was in idaho a month and was forced to bring my child back or be charged with kidnapping. There was a custody agreement of 50/50 shared custody, but i don't think it stuck because we decided to stay together. I was told if i leave the county i well be arrested and lose custody of my child forever if my husband didn't ok us to leave. I just want to know what i would have to do or if i even could some how be granted sole legal custody of our child with it ok to move to idaho, which is less than 700 miles away. I can't stay in this mess anymore, my daughter sees him hurt me sometimes and always hears how he talks to me and yells at me. I'm afraid he will kill me eventually, especially because he has told me how he would do it and get away with it. I need this to be done within a month and a half before he gets out of rehab so he can't do anything to keep me from leaving. Please help
1 Answer from Attorneys
You need to hire a qualified family law attorney immediately and file for divorce and sole custody with a move away order.