Legal Question in Family Law in California

Moved out of state!

I have been married 5 years ans its been abusive the whole time. We have 2 children together in Florida. I have just left with the youngest and moved to California to be with my family. I left the oldest because I am affraid he will hurt me. I have emails ans text saying he will kill himself and the oldest son unless I return myself and the youngest to Florida. I also have emails saying that he has beat me up and will do it again. He is threatining me by having a judge order the child back. I need help! Im affraid of him and need to be here with support and family in California. I am now living by Visalia, California and my husband and oldest child is by Tampa, Florida. What can I do so that I dont have to move back and I can have a good life now with my family, away from abuse?


Asked on 6/23/08, 2:14 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Moved out of state!

You must immediately file for a temporary restraining order and for sole legal and physical custody. Note that under normal conditions, a child has to be in the State where the custody action is filed for 3 months before filing, but the law gives courts discretion to deviate from this rule in emergency situations. You could also hire a lawyer in Florida to seek emergency relief out there.

It is critically important you file first. Otherwise, your husband will accuse of of kidnapping and you will have to immediately return the child.

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Answered on 6/23/08, 7:40 pm


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