Legal Question in Family Law in Florida
Can she legally leave with her 3 kids?
My cousin has been living with her boyfriend for 10 years. They have 3 kids together. He has been verbally & emotionally abusing her for years. He has started doing drugs again and she wants to leave. Can she legally take her kids and go?
2 Answers from Attorneys
Re: Can she legally leave with her 3 kids?
She can go temporarily. But, they will have to settle custody officially at some point. It can be done a combination of ways (temparily then permanently; petition for injunction, then custody, etc.). If the father contests custody, the court will have to decide it. Either way, he will probably be entitled to visitation.
Re: Can she legally leave with her 3 kids?
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.
Yes, she can leave if it is in the best interests of the children. The decision of custody will have to be heard by the court either during a child support hearing or as part of a divorce. She should make the children available for dad to have visitation in order to foster a good relationship with him.
Scott R. Jay, Esq.