New Hampshire Child Custody Law
I would like to know if my daughter of 11 years old can live with me in the state of Florida after the state of New Hampshire 7 years ago gave my ex-husband Physical Custody of her. She has made it VERY clear to him and I that she does NOT want to live with him after him burning the house down twice now. She is VERY scared. He has threatened me with kid napping charges if I don't send her back home. Can you please help me?
New Hampshire Child Custody Law
Well honestly... because he has custody of her... your kind of in a pickle. He very well could charge you with kidnapping... I've seen it happen before. The only thing legal you could do would be to go to court again...
New Hampshire Child Custody Law
No you may not take her out of state sonsidering you do not have custody of her. I know the state of Maryland has a clause where you and your daughter would be able to go to court and explain the situation and they would grant you non permanent custody of your daughter, but you must remain in the state. If he catches you out of the state he may take your daughter and press charges. I know it's a little extreme to have to go and do that but it might be worth it. Other then that you could try and keep a collection of evidence against your ex and documents of writing of his behavior towards your daughter and his actions. Have your daughter write some too. Appeal the custody hearing and take your chances.
New Hampshire Child Custody Law
Were the fires accidents or negilence? If they were the result of negilence, then I would go back to court with proof of child endangerment. Remember until you prove he is unfit, he has custody and the law on his side. Don't make things worse where the court could come in and take her from both of you.