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Lorinola · Mar 23, 2009, 08:45 AM

I want to leave the fatehr of my unborn child after trying to sustain the relationship; his alcoholism has been the major issue. He has made a threat on my life and told me to abort the baby in a rather gruesome way. When he is ober he wants the child and wishes to continue the relationship. I have told him my intentions to leave and that the relationship is over. I am at times fearful of him. I'm also the domicary parent of my 3 year old from my previous marriage. The father is hardly involved and sees her 2 times a year. What are my legal rights to leave with both my daughter and the unborn child? What do I need to do to be able to leave?

ScottGem · Mar 23, 2009, 08:49 AM

Without getting a restraining order or filing a domestic violence charge against him, you will have to wait until the child is born. If you just up and leave and hide from him, you could be charged with parental kidnapping.

What you need to do is file for sole custody as soon as the baby is born.

As for the older child. If there is a standing visitation order, whether the father is exercising it or not, you need to get court permission to move.

Lorinola · Mar 23, 2009, 09:42 AM

This was a sadddening answer but helpful. I have done research and found a precedent case in Louisiana. Hodges vs. Hodges(827 So. 2d 1271) This case spells out Louisiana law on relocation. Does this have any bearing on my situation?

ScottGem · Mar 23, 2009, 10:21 AM

It has some bearing. However, that case is a different set of circumstances. The key issue is this:

A parent who is not the primary custodian of the minor child or children of the former marriage is entitled to reasonable visitation rights unless the court finds, after a hearing, that such visitation would not be in the best interest of the child. Becnel v. Becnel, 98-593 (La.App. 5th Cir. 3/25/99), 732 So.2d 589, writ denied, 99-1165 (La. 6/4/99), 744 So.2d 630; La. C.C. art. 136(A). The law recognizes the non-custodial parent's entitlement to reasonable visitation unless it is shown that it would seriously endanger the child's mental, moral or emotional health.Becnel v. Becnel, supra

Unless you can prove that visitation is not in the best interests of the child, the court will order it. If you try to move before the child is born and try to hide from him without the court approving you could be cited for contempt and compelled to return.

Good research though