Legal Question in Family Law in Florida

dissolving a marriage

i want to leave my husband but dont know how to go about it. all we do is fight and its not good for our 8 month old daughter. would it be considered parental kidnapping if i just left with her being we are still married??


Asked on 12/12/07, 4:30 pm

5 Answers from Attorneys

Stanley Miller Stanley M. Miller, P.A.

Re: dissolving a marriage

No. However I would take no action at all without speaking to a divorce attorney first; otherwise you mifgt be sorry.

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Answered on 12/12/07, 6:54 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: dissolving a marriage

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No, it is not kidnapping but you must remain in the same county in which you live until a court makes some determination of custody or allows you to move to another area.

You should meet with an attorney and review all of your options. Further, you will probably need an attorney to file the divorce so this is a good chance to meet and develop a relationship for later.

Scott R. Jay, Esq.

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Answered on 12/14/07, 12:18 am

Re: dissolving a marriage

If it is that bad I would go to a domestic violence shelter with the 8 mo. old and try to get an injunction for protection. You can't kidnap your own child. You are not interfering with custody unless or until somebody other than you has it.

Go to an attorney, where you live and consult with him. He will tell you your options

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Answered on 12/13/07, 3:15 pm

Re: dissolving a marriage

If it is that bad I would go to a domestic violence shelter with the 8 mo. old and try to get an injunction for protection. You can't kidnap your own child. You are not interfering with custody unless or until somebody other than you has it.

Go to an attorney, where you live and consult with him. He will tell you your options

Read more
Answered on 12/13/07, 3:15 pm

Re: dissolving a marriage

If it is that bad I would go to a domestic violence shelter with the 8 mo. old and try to get an injunction for protection. You can't kidnap your own child. You are not interfering with custody unless or until somebody other than you has it.

Go to an attorney, where you live and consult with him. He will tell you your options

Read more
Answered on 12/13/07, 3:15 pm


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