How do i leave Georgia as a military spouse back to Minnesota with my daughter if my husband has another drunken/physical rage?

Asked almost 4 years ago - Savannah, GA

Hello. I need help with how to go about leaving my husband with my child. He goes through phases of drinking, and when he drinks, he spends all of our money for bills, rent and baby formula/food. He once forcefully threw down the car seat with her in it when I went to pick him up and he was drunk. We do not emotionally connect anymore, and he threatens to keep our daughter (even though I know he isn't fit for the job, he can't stand being with her for a whole day.). We have had to leave for the night a couple times so he can sleep it off. I feared for my childs safety a couple times. Can I just leave if I'm in fear of physical abuse on me or my child? I have no one here. The closest friends or family is back in minnesota. Please help. I can't live in a hotel.

Attorney answers (2)

  1. Elmer H. Young III

    Contributor Level 15

    Answered . You seem to be past the stage where counseling would be an option. Physical violence is a clear sign of serious deep-seated mental and/or emotional problems. You mentioned the military. Have you spoken with anyone in his command? I do not know if you live on post or off, but that is a matter to be considered. You should at a minimum be in contact with an experienced divorce attorney in the area. He or she can guide you through this tangled legal mess. I hope you do not fear drive your actions, but instead the hope of a better life for all involved.
    You are encouraged to link to my profile page from contact information in order to obtain more specific information, but please understand that the response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Georgia. Responses are based solely on Georgia law unless stated otherwise.

  2. Michael S. Marr

    Contributor Level 11

    Answered . As long as there are no divorce or child custody court orders in place already, you can leave for MN with the child if you are in fear or if you are happy and content. Generally, all questions dealing with divorce, custody and child support would have to be answered in the Savannah courts until you have been gone for six months, then MN takes over. If he files something in Savannah before the 6 months then Georgia would have jurisdiction over the case.

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