Legal Question in Family Law in Florida

First, if you are in an abusive situation you should not stay there and subject yourself or your child to actual abuse. You should consult with an attorney personally before leaving the state with your son though.

Where you can file is based on your residence status. If you move to New York with the intention of establishing residency there, then you are not able to file in Florida. However, if your husband files in Florida and you are in New York, you will have to answer in Florida and the judge here will preside over the case.

If he is violent, or threatens you physically, do not wait to retain an attorney. File a Temporary Injunction for Protection from Domestic Violence. You can find the forms on line. You can also get them from the Court Clerk.

The divorce can be filed in Florida as long as either one of the parties has been a resident for at least six (6) months.

If you relocate to New York, your husband may file in Florida. If that occurs, you would have to respond. If he waits until you and the child(ren) have been in New York long enough to establish residency, before filing any response, you should promptly thereafter confer with an attorney in New York.

As soon as one party takes the kids, the other will likely run to the Courthouse. Therefore, you might want to have a divorce case established first in Florida, and Petition the Court for permission to relocate with the child(ren).

If you move out, the Court may say you voluntarily assumed responsibility for the additional expense of starting a new household.

As long as you file for divorce within a reasonable period of time from moving out, the Court will not likely give him a stronger interest in the home. This assumes that the home was purchased during the marriage. He will have to pay child support. Depending upon you comparative financial situation, and length of the marriage, he might also have to pay you alimony.

In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, do not assume that you will not be able to afford to retain an attorney.

If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.

Feel free to Google me.