Legal Question in Family Law in Florida

Flee for Safety

My childrfen and I have been physically and mentally abused for a few years by my husband. I have filed for divorce, and have received temp custody of our daughter. He and his family have continued to harrass me, following me, calling at wrk and telling my coworkers about the situation,etc. I am afraid for the safety of myself and my daughter. Can we flee to our home state of New York, as long as I follow the guidelines of the UCCJEA, notify law enforcement in Florida and in New York of my contact information, then have an attorney in New York file a motion for an ''Emergency Order for Protection'', and motion to move jurisdiction to New York?The father resides in Virginia, and the move to New York will not prejudice his visitation with his daughter. I have no family, friends or funds here in Florida, they are all in New York. Please Help Me.


Asked on 10/20/08, 9:42 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Flee for Safety

You may not move the child more than 50 miles beyond your current address without a court order (or the father's permission, but I assume that's not possible). There is a special legal procedure for relocating children while divorces are pending or after they are completed, so you should see a lawyer. Failure to follow the procedure could cost you custody.

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Answered on 10/20/08, 11:28 am


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