Legal Question in Family Law in South Dakota

Re: Can I leave state with daughter

You may relocate with your daughter, provided a court order does not exist saying that you cannot.

However, if you do, your husband can bring a Habeas proceeding demanding that you return your child to him; file for divorce on various grounds; and do other things, that will not work to your or your child's benefit; or your claim that it is in your child's best interest, to have her custody awarded to you.

So, your only "real" option is to initiate action against your husband for divorce and for custody of your daughter, after thorough discussion with an attorney.

If you are responsible, staple and thoughtful parent, who is able to provide a healthy and safe environment for your child, you have a very good chance of obtaining legal custody of your daughter.

The Court tends to favor awarding a young child to the mother; and also favors awarding a child to the parent of the same sex.

You have an obligation to move quickly to protect your daughter; and your sons. If your children are being abused, ( all of them), you and your husband both, could be accused of abuse and neglect.

GOOD LUCK

Re: Can I leave state with daughter

You may relocate with your daughter, provided a court order does not exist saying that you cannot.

However, if you do, your husband can bring a Habeas proceeding demanding that you return your child to him; file for divorce on various grounds; and do other things, that will not work to your or your child's benefit; or support your claim that it is in your child's best interest, to have her custody awarded to you.

So, your only "real" option is to initiate action against your husband for divorce and for custody of your daughter, (not necessarily in that order) after thorough discussion with an attorney.

If you demonstrate that you are a responsible, stable and thoughtful parent, who is able to provide a healthy and safe environment for your child, you have a very good chance of obtaining legal custody of your daughter, from the Court.

The Court tends to favor awarding a young child to the mother; and also favors awarding a child to the parent of the same sex.

Please Note, YOU have an obligation to move quickly in a legal and appropriate way, (not by running away); to protect your daughter, and your sons. If your children are being abused,

(all of them), you and your husband, BOTH, could be charged with abuse and neglect, if you delay; or run away.

SEE A LAWYER!!!!!

GOOD LUCK