My husband is unemployed and is living with his mother... We live in New Hampshire and I'm trying to leave to Florida to start a new life, get a job and a new apartement to give a new and better life to my daughter... I don't mind leaving my daughter in his custody for a couple of months until everything is set up... But I want to make it legal for me to be able to leave my daughter under his care whithout seeming like I abandoned her... I don't have any money to get a lawyer to file for custody... can someone please tell me what are my options?? He's also leaving in a motor home with his family to another state... So can someone help me please Thank u...

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Originally Posted by Leila1

My husband is unemployed and is living with his mother....We live in New Hampshire and I'm trying to leave to Florida to start a new life, get a job and a new apartement to give a new and better life to my daughter.... I don't mind leaving my daughter in his custody for a couple of months until everything is set up..... But I wanna make it legal for me to be able to leave my daughter under his care whithout seeming like I abandonned her... I don't have any money to get a lawyer to file for custody... can someone please tell me what are my options???? He's also leaving in a motor home with his family to another state....... So can someone help me please Thank u...

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You can draw up a Affidavit of Facts, have it state the facts related to the temporary custody of your child. Both of you go to the notary and sign in their present. Be sure to state the time limit of this, by a certain date. Make two copies to be notarize, and you keep one.


mr.yet

Thank u soooo much but we've tried that and he's not willing to sign it... what do I do now??

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Originally Posted by Leila1

Thank u soooo much but we've tried that and he's not willing to sign it.... what do I do now?????

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Draw up the affidavit of true facts regarding, th temp. custody, state only the true fact regarding that, from you personal experience, have it notarized, mail it to him by way of certified mail with return receipt, give him 30 days to response, by way of affidavit or be in default. State that you are not giving him custody and have not rescinded any and all rights to the child.

By this type of service you have a claim against him for the custody of the child. Do web search on Common law affidavits.

Email me and I will email something you have would to add.
This is not legal advise, only a suggestion.

mr.yet

Under the circumstances you've described, the worst thing you could do is to leave your daughter with your husband "for a couple of months until everything is set up." This will almost guarantee that you'd never receive custody of your daughter, as it would indeed be considered abandonment. The best that would happen is that she'd be ordered to spend her summer vacations from school with you in Florida and that'd be the extent of your visitation with her. Inasmuch as you are the parent leaving the original state of residence, the onus would be strictly on you for transportation and all other obstacles associated with visitation. If you want to keep custody of your daughter, then you need to take her with you whenever you go anywhere. However, even that can get you in trouble legally if your husband comes after you for removing her out of state without his permission, although that may be somewhat cancelled out if he does in fact leave the state himself as your post suggests he's planning to do. Your best bet is to take her to Florida with you right away if you plan to go at all. Is there a trusted friend or relative in the area where you wish to relocate that she could stay with as need be while you hunt for an apartment and a job? Also be prepared for the possibility that your husband may, at some future time, sue you for custody, which will result in time-consuming and expensive hassles. A lot will weigh on how well established you've become in Florida and how well you've cared for your daughter. It will weigh in your favor if you left the state with her in tow, whereas your husband just packed up and went without concerning himself with his daughter's well-being. You may want to get some legal advice from a local attorney before you leave ; then, if you do go to Florida, consult with an attorney down there promptly.

Hi,
Don't leave your daughter with your husband... would be a BIG mistake!
You can seek help from some type of free legal advise group; check in your local phone book for help in your area.
You really do need a lawyer.
Best wishes,
fredg

New Hampshire is a crappy state as far as custody is concerned. You have to give a 60 day notice with the court if you are moving out of state I believe. There were new laws passed. But, if there are no custody orders in place and you leave your daughter with him, he then will assume custody and can refuse to give you your child and there will be nothing you can do about it until you go to court and get a custody hearing and that could take months. The police can't even force him to give you your child back. The police can not force him to give your daughter back even with court papers, you have to go to court for that. My husband has gone months without seeing his daughter because his ex has with held her from him even with a custody order. Nothing to do about it until we could get to court sometimes months later! We now have her in contempt but that doesn't mean anything yet either. You can file for an expedited hearing, but in New Hampshire courts, custody takes years. My husband has fought the court without a lawyer so don't think you need one. Only get one if you don't feel its going the way you want it to. Most likley if he fights custody you will have to get a GAL and that could keep you here longer. If you move to Florida and he fights it you will need proof that it's financially beneficial or you have family there. He could have a judge make you move back.You can just call the court house and they will tell you who you need to talk to. We deal with Marital and just fill out the paperwork ourselves. Usually paying $72.00 per order.