One sided separation

[emcibs]

Resident in Florida.
I have 2 children, married for 8 years. I work part-time.
Have a small house in his name.
My husband threatens to keep our children if we separate.
My dilemma is as follows:
He is going away for 1 week in the near future. I want to take this opportunity to leave him and take the children with me to my family in New Jersey (without his knowledge).
There, I want to file for dirvorce ( when I qulify for residency, of course). I am not interested in any property,furniture. I want out.
I am planning to do the right thing. ?
Can he legally get the children back, once I am in New Jersey.?
Should I file for divorce first? ( He threatens to keep the children, that is something i could no bear)
Thank you very much for your attention.
EMC

[stealth2]

Unless your grounds include adultery, your residence requirements in NJ will be one year. That's 12 months that your hands are tied, where he can file against you in FL. If he does that, there are a few consequences. One is - you will have to go back to FL to defend yourself. The second is - he may be able to get a court to force the child to be returned to FL.

It would, frankly, be stupid to not file in FL. Take care of this situation, get it put in the order that you can move with the babe to NJ, and be done with it. But you're asking for trouble if you go to NJ first.

[JETX]

Originally Posted by stealth2

Unless your grounds include adultery, your residence requirements in NJ will be one year. That's 12 months that your hands are tied, where he can file against you in FL. If he does that, there are a few consequences. One is - you will have to go back to FL to defend yourself. The second is - he may be able to get a court to force the child to be returned to FL.

It would, frankly, be stupid to not file in FL. Take care of this situation, get it put in the order that you can move with the babe to NJ, and be done with it. But you're asking for trouble if you go to NJ first.

Stealth, before you decide to try to help this idiot any further, be sure to review her comments at: [url]http://forum.freeadvice.com/showthread.php?p=718105#post718105[/url]