Legal Question in Family Law in Florida

I have an 11 year old with my ex. I have Sole Custody (I know it's no longer called that) and he has visitation which he does not use. I also have a permanent DVI in place (no violent contact). My husband (we've been married eight years) was offered a job out of state. Ex said no to relocating. My husband took the job and already moved, we knew we would have to go to court and have a stable place to live to show the judge. I filed Intent to Relocate. Now, ex is angry and keeps violating the restraining order. He is threatening to take away my custody and he is being very mean and intimidating. I'm scared. I have two children that I need to care for, but everyone is terrified. If I left before court, what would happen? Would I lose custody of my daughter to my ex?


Asked on 9/14/09, 12:28 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

I understand your being terrified of violence. That's a real concern, and I hope the police catch him violating the injunction. Keep a video camera and/or a tape recorder handy to catch him on tape when he comes around.

Since he's already moved, your odds of being granted permission to move are probably better, but you should speak to a lawyer. The geography of his move and your move will play a big part.

I wouldn't worry a whole lot about him getting custody, though. Sounds like the odds of that are slim, slim slim.

Run all this by a local family law attorney to be sure, though.

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Answered on 9/14/09, 11:37 pm


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