Legal Question in Family Law in Georgia
i left my husband after he got verbally violant with me and threatened to beat me. i have our one year old daughter and i'm living with my mom. after i left i at first tried to let him show he wanted to have something to do with his daughter even tho he has never really had anything to do with her when we were living together. he knows nothing about her. he also has 2 children from previous marriges that he does not have custody or set visitation with. he has a previous record of family violence with his 1st wife, and other various criminal records for assult and burgulary. anyway, i've tried very hard to give him a chance to spend time with our daughter and get to know her so i wont feel so uncomforable about him being alone with her. on these visits he comes and spends about 5 to 10 minutes with her, and then he is all over me, wanting to know what i want and trying to say anything he can to get me to be alone with him, and i am feeling very threatened and uncomforable with him coming around exsceically since he is suppost to be spending time with our daughter and is not. i feel like he is using her to get to me, and after several incidents of this i have told him he is no longer welcome to come visit since he does not use his time to spend time with our daughter. i am also worried about him saying nasty things that will hurt her mental state when she is older because i have heard him on several occasions call his oldest child nasty names to her face. he is also showing signs of mental instability, he will go from telling me that he cares about me and her and just wants to make things right to he hates me and makes threats to me all in one breath. he also shows signs of anger issues, he loses his temper very very easily, and i am very afraid to have myself or our daughter alone with him. he has never physcally hit or hurt me or our child in anyway, but from the way he has always acted i am very afraid for our safety. i was offered a very good job with family in New York and i would very much like to take the job, in NY i will also have a free full time babysitter which is something i do not have here, and i will also have a free ride anywhere i need to go and the living arrangments are better there, such as she will no longer have to share a room with me, once we go to court am i going to be able to move to NY with my daughter? until then am i going to look like a bad mother for not allowing him to come visit even thoughhe doesn't spend any time with her? Will his past exsperinces with his other children help me get full legal and physical custody of our daughter? and will his past criminal record help as well? What can i do to insure that me and my daughter are safe? and what can i do until we go before a judge to keep him from being alone with my daughter?
2 Answers from Attorneys
I can give you general information about your particular situation. However, the best thing to do is take the time to visit an experienced family law attorney in an office visit.
I am licensed in New York and Georgia. Therefore are pluses and minuses for both states. Nevertheless, you should resolve the matter before you move for New York. Moreover, you may consider notifying the court of your expected move in the divorce decree. Otherwise, you'll just be hauled back into court once you move.
When you file for divorce and custody, your attorney should have all the information about your husband's background. This information will help you obtain full legal and physical custody of your daughter. For any visitation, you may consider requesting supervised visitation based on his criminal history and assaults on your person after you left him.
Mam,
When you say "Husband" was there an actual marriage??
I did no see where a divorce was filed, however, Paula is correct!
If genuinely afraid for your daughter's and your safety, get a TRO immediately (family violence against you and your daughter - threats and fear of immediate harm are sufficient - no need for actual battery, just the theat of same sufficient for Court to issue a TRO).
If no divorce filed, you can consult a NY attorney and may be allowed to move to NY, and you may be able to file a divorce in NY after you have been there the required residency period (usually 6 months), however, you may be able to seek child custody in NY immediately without filing for divorce but you need to discuss that with a "NY attorney or one who is in GA and who is licensed to practice in NY" (like Paula) ASAP
As I am not licensed to practice in NY and do not know NY law and cannot advise you about NY law.
Good luck, and God Bless you and your daughter
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