What can I do if my husband abadons my children? 10 Answers as of July 12, 2013

My boyfriend moved me and our children to Florida from Indiana while I was pregnant. Then he left to move to Maryland while I was 8 months pregnant and now he is trying to file for custody of my new born and other children. Can he get custody and what are other options since he left the state and left me here with now way to support me or the kids?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Custody cases such as yours are complicated. I can't provide you with a sufficient answer without more information. And, my responses will only be applicable to Washington State.
Answer Applies to: Washington
Replied: 6/9/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
File a counter claim for support. If you have been raising the children, in a healthy manner, then he has extremely low odds of getting custody. Stay well.
Answer Applies to: Alabama
Replied: 6/8/2011
Vermeulen Law office P.A.
Vermeulen Law office P.A. | Cynthia J.Vermeulen
I do not practice law in the states of Florida or Maryland. If your husband has started an action in Maryland, you should contact an attorney in that state to discuss your rights. If he has not started the court action, you may have the option of starting a divorce case in Florida. Consult with an attorney in your area for advice immediately.
Answer Applies to: Minnesota
Replied: 6/7/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Your question doesn't make it clear whether you have both a husband and a boyfriend, so it isn't clear who is trying to do something. Nor is it clear whether he is trying to do it in Maryland or Florida. But, basically it doesn't appear that anything can be done in Maryland because you and the children are not living there and apparently never did live there. If you have lived in Florida for more than 6 months and there has never been any kind of custody case affecting the children somewhere else, custody decisions can only be made in Florida. If it has been less than 6 months since you left Indiana, Indiana courts are where any new custody decision needs to be made. If you want to obtain child support, your options are to wait until he starts a legal case in Florida or go to your local child support enforcement office to have them start a child support action that will have to be transferred to Maryland. The question is not whether he "can get custody" because if he is the father he clearly "can". The real question is "will he succeed" if he actually goes to court somewhere and the answer to that is totally based on what is in the children's best interest. Only an attorney with the opportunity to evaluate all the relevant facts can give you some estimate of what might happen in a court.
Answer Applies to: Colorado
Replied: 6/7/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Custody decisions are made by a court based on what a court deems to be in the child's best interests. Certainly issues of residential a stability and past history of parenting can play a critical role in any court's decisions. Often the result depends on how well you prepare and present your case.
Answer Applies to: Minnesota
Replied: 6/7/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    I can tell you that there is a lot more to a custody case than where the children currently live and where the father has moved to. I would consult with an attorney in your state and see what might be involved.
    Answer Applies to: Connecticut
    Replied: 6/7/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Yes, under some circumstances he can end up the custodial parent. Take this issue seriously and see a domestic relations attorney soon to discuss your options and the specifics of this case.
    Answer Applies to: Ohio
    Replied: 6/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You put him in jail for non-support and if he files for custody you get a lawyer.
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    You need to retain a divorce attorney, in your state, or to answer the complaint, if one has been filed, in the state of filing. You have a number of important issues related to your children, and I am confident that there must be additional issues for which you need a good experienced family law lawyer. Hire a divorce lawyer ASAP! Good luck!
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Naomi Hirayasu Attorney at Law
    Naomi Hirayasu Attorney at Law | Naomi Hirayasu
    In which state is he filing?
    Answer Applies to: Hawaii
    Replied: 7/12/2013
Click to View More Answers: