Im in a very tough situation... my son and I are residents of Michigan, his father is from New Jersey. we had to leave our home that we had in Michigan this December do to financial issues and moved in with his parents in New Jersey. He’s extremely emotionally mentally abusive and i found a chance to leave and I took it, came to my mothers in Florida. Any time I’ve tried to leave before he takes our son and threatens me I’ll never see him again, takes my phone and makes it impossible for me to leave. I can’t handle the abuse any more but he wouldn’t let me leave.... What should I do now that I’ve left? Legally I mean? Also he’s using drugs , though he’s very sneaky and a master manipulator and will never admit to anything. Though he loves our son, He does not take any physical care of him or help me at all. I feel like he’s going to try and take him from me and I’m worried... how do I proceed?
Once you have resided in a state for a long enough period of time, see a family law attorney to a savellis a picture in AV and custody order. In Michigan, it is required that you reside for at least 6 months. Other States may have varying amounts of time but many are at least 6 months.
The opinion that I express should not be considered to be legal advice that can be relied on. It is based only on the limited amount of information provided rather than doing a thorough review of all of the important information that is required to give accurate legal advice. You should consult with an attorney that has extensive background in the area of the law that your are inquiring about.
If the parties have never been married and there has never been a court order verifying paternity and/or custody, the unwed Mother initially has all custody rights until the Father exercises his rights by filing a case in the proper Court. You should obtain a copy of the "Affidavit of Parentage" from the state where the child was born and read it carefully, it usually states that in it. Visit an attorney for more information.
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
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