Legal Question in Family Law in Florida

I am scared of my husband and I need to leave him, however if I leave him and still live in the same state, he will stalk me and try to hurt me. Can I legally move to another state? We are both listed on the birth certificate, and there is no custody plan set in place by a court, if I left would be considered kidnapping?

Thank you,

Alicia Kelly

Asked on 5/26/11, 6:54 am

2 Answers from Attorneys

Carolyn Jones Law Office of Carolyn R. Jones

The first you need to do is file for an injunction and contact your local women's domestic violence shelter for a safety plan. Not sure what area you are in or I would send you the number.

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Answered on 5/26/11, 7:04 am
Elliot Goldstein Law Offices of Elliot Jay Goldstein

You need to empower yourself. If you have a reasonable fear of serious bodily injury, or death, at the hands of your husband, then get an immediate temporary injunction against domestic violence. You can get the forms online, or just go to the nearest courthouse.

You should also file for a divorce.

As you have a child born of the marriage, within the divorce filing, you should ask the Court for leave to relocate.

If you opt not to follow my advise, and just pick and relocate, that will not constitute kidnapping. However, if you did that, you might end up digging yourself a deep hole in-terms of a custody fight. If dad has a few brain cells working, he could run to the Courthouse crying about how you stole his baby from him. In that case, the Court very well might Order you to return the child to the jurisdiction.

If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a “do over” if things go badly.

The above information is provided without any consideration/payment having been received, 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 Dunedin, with a satellite location in Tampa.

Feel free to Google me.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 5/26/11, 7:24 am

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