Legal Question in Family Law in Florida

leave abusive boyfriend

I live with my boyfriend of 17 yrs. we have an 8 yr old daughter. He is a drug addict and verbally abusive. I live in Florida and want to leave him and move to NJ with my daughter. We don't have any custody agreements or court orders. Ideally I want to leave without him knowing because of his abuse. Can I do that without going through the court system? Can he accuse me of kidnapping? Please help!


Asked on 8/30/07, 1:02 pm

2 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein, P.A.

Re: leave abusive boyfriend

If you relocate, he may file a paternity action seeking primary custody. He might also file a motion for temporary relief seek an immediate award of primary residential custody.

I suggest having this matter resolved throught the Court's prior to relocating.

The above information is provided without any consideration having been provided, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Largo, with a satellite location in Tampa.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

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Answered on 8/30/07, 9:49 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: leave abusive boyfriend

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The father has the same and equal rights to the child as you do unless and until a court of law makes a determination otherwise. It would be very unwise for you to leave the State without having a court make a determination of the custodial parent. If you do, your boyfriend could file and might convince a court that you did kidnap his child or that he is the proper residential parent. One of the factors considered in determining the proper person to be the primary residential parent is whether or not one parent is not allowing the other to be with the child and thus your actions could be extremely detrimental to your case.

Scott R. Jay, Esq.

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Answered on 8/31/07, 11:51 am


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