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taking kids out of state?

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A

ack

Junior Member
What is the name of your state? Florida
I wish to file for divorce but I am afraid of my husbands reaction so I want to go stay with family before I approach him with it. However all of my family lives in another state. Is it legal for me to take the kids out of state without his permission during the filing process?
 


Ohiogal

Ohiogal

Queen Bee
Yes and then he can immediately file to have the children returned to the court's jurisdiction and the court will most likely order it. And you will be stuck living at your parent's house in a different state while he is primary physical custodian.
 
LdiJ

LdiJ

Senior Member
ack said:
What is the name of your state? Florida
I wish to file for divorce but I am afraid of my husbands reaction so I want to go stay with family before I approach him with it. However all of my family lives in another state. Is it legal for me to take the kids out of state without his permission during the filing process?
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Yes, its legal for you to take the kids and move out of state. As OG said, its also possible/probable that he would then immediately rush to court and get a judge to order you to return the children to the original home state, and if you did NOT, then its likely that the children would be living with him, and he would end up with primary custody.

I have no idea what your situation is, but it would be far wiser to stay put, find somewhere to live, file for divorce, and try to get permission to relocate as part of the divorce process.

At a minimum, before making any decisions you should get a consult with a local attorney.
 
A

ack

Junior Member
I am having a hard time finding a way to contact an attorney as my husband is very possessive and watches my every move including checking all activity on the computer etc, I have to have someone else keep up with these posts for me then contact me at work to try to help , but there is only so much I can do from work. My other concern is that there have been allegations from one of my children of abuse, of which I have no proof and am not sure I believe as my child has had issues for a while and has never goten along with my husband. My main priority is to be safe just in case, and I have been contemplating divorce for years anyway. I don't want to press charges for the alleged abuse until I am sure but is there a way to have that considered in the decision to give him custody(if he faught for it) without possibly sending him to jail for something ha may not have done? Also, what ramifications would there be concerning property and abandonment if I leave?
 
LdiJ

LdiJ

Senior Member
ack said:
I am having a hard time finding a way to contact an attorney as my husband is very possessive and watches my every move including checking all activity on the computer etc, I have to have someone else keep up with these posts for me then contact me at work to try to help , but there is only so much I can do from work. My other concern is that there have been allegations from one of my children of abuse, of which I have no proof and am not sure I believe as my child has had issues for a while and has never goten along with my husband. My main priority is to be safe just in case, and I have been contemplating divorce for years anyway. I don't want to press charges for the alleged abuse until I am sure but is there a way to have that considered in the decision to give him custody(if he faught for it) without possibly sending him to jail for something ha may not have done? Also, what ramifications would there be concerning property and abandonment if I leave?
Click to expand...
There would be no ramifications concerning property and abandonment if you leave.

If one of your children is possibly being abused, then you need to take steps to find out for sure what is going on (counseling for the child is a good way to do that) and to protect your child.
 
Ohiogal

Ohiogal

Queen Bee
And if your husband is abusive LEAVE. Go to a battered women's shelter and get help through them. You have your own bank account right?
 
G

Gracie3787

Senior Member
ack said:
I am having a hard time finding a way to contact an attorney as my husband is very possessive and watches my every move including checking all activity on the computer etc, I have to have someone else keep up with these posts for me then contact me at work to try to help , but there is only so much I can do from work.
Click to expand...
While you are at work, call and get a referral from the Florida Bar Lawyer Referall Service at 1-800-342-8011. You can easily set an appt for sometime during your work day, and husband will not know. (unless you and him work together).

Or, as someone else suggested, take your children and go to a shelter.
 
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