Can I run away from my babie's father?
I'm actually posting this on behalf of the girl with the issue who is a very old friend of mine from childhood and is going through an extremely tough situation. My friend's ex-boyfriend is a very dangerous and over possesive man who has beaten her on several occasions. They currently have a 1 year old baby. It was after the baby was born that the boyfriend started being overposessive and abusive. Only once was there a written report stating an abuse insident in which he almost killed her because she went out with friends and didn't want to come home because she was scared of him. He was arrested but bailed out by his mother. My friend did not pursue to pressing charges on his court date because she was afraid he wouldn't get any real sentence. Only something like anger management and that's it. He would only get angrier and come back and kill her(literally). Also there were slight feelings of remorse because of the baby. The court order wound up being that they would have joint custody of the child which consisted of the child being with the mother Mon-Thur and the father fri-sun. There was a restraining order against him which hasn't really done much. The ex-boyfriend backed up for a brief while, but would continue harassing her with phone calls. When she would bring the baby to the ex-boyfriend's mother's house, he would sometimes be there and harrass her more.
Past couple of weeks and months, the ex-boyfriend no longer sees the baby on the days he is supposed to, and doesn't give the mother any financial help. After the first police reported insident I explained before in which he almost killed her, my friend got involved with another guy who has helped her out and gave her emotional support through her tough times. They have been "secretely" together so to speak for about 5 months now and they believe to be in love. Secretly only to the babie's father's knowledge because she is afraid he will do something very serious to her and the new boyfriend since he has threatened her multiple times. She says she knows he is capable of fulfilling his threats from experience of being with him in the past. A couple of days ago he unexpectedly came to her home supposedly to see the daughter. The new boyfriend happened to call her while he was there and the ex-boyfriend went crazy. He threatened his life and even hers. He's not backing off and hasn't been leaving her alone for about 3-4 days now. Im not exactly sure as far as the restraining order if it is still standing or not, I don't believe so. Anyway he currently pretty much has her kidnapped. He is forcing her to be with him and monitoring every single phone call. He has forced her to call the new boyfriend on speakerphone while he listens, and tell him off pretty much. I know this because we spoke to her once on a moment that she said he wasn't there and she was in the bathroom able to make that phone call. She won't call the police and possibly may not admit what is really going on because she fears he will get the boyfriend and maybe even her killed.
She and the new boyfriend, however, have spoken in the past about "running away" to another state perhaps. Or maybe even get married and he would join the military. She would come with him as his wife and bring the baby along. Here is where the question comes in. Does the fact that the ex-boyfriend has joint custody of the child prevent her from taking the baby out of the state? She is in New York City. She isn't trying to go through court and battle for full custody because it is too much time and the ex-boyfriend will know what's going on and do something crazy. She basically wants to run away for good and possibly be with her new boyfriend in the military. If she were to do this, the ex-boyfriend would eventually know she is gone and use the excuse that he has the legal right to see the baby and call the police on her or something. What would happen then? Another question I have is that in order to take a baby out of the state, I believe the father has to give written consent correct? He obviously will never do that though. Is this something that maybe she can forge this document permitting the daughter to leave?
