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Child custody. Daughter DE resident, but now living in MA for past 4.5 months with mom. Father filed custody case in DE.

Wilmington, DE |

Currently living in MA with daughter 23 month old, since November 2013. Divorce in process in the familycourt od Delaware. Husband just filed for child custody (joint) in DE family court. Husband moved out and left our daughter with me in September 2013. He is abusive and that is why I got out of Delaware. He had a domestic violence case but he begged me to not show up in the hearing so the case gets dissmissed, and I did it! So dumb! The abuse never stopped. He got his case expunged (without my knowldge at that time), but I do have the police report. I have a good job in MA, daughter is happy, goes to daycare, very attached to my family. My aunt takes care of her 3 days of the week. Daughter still a DE resident since she hasnt been here for 6 months. Will be forced to move back to DE?

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Attorney answers 1


You will have to go to DE for the court hearing, but with the police report you may still win.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.

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