Legal Question in Family Law in Florida

my sister wants to leave her abusive husband and lives in Florida, but is afraid to leave him because she does not know if she can get in trouble for taking her kids with her. he hits her all the time and is abusive to the kids and even makes her scared for her life. she sent me an email stating that if she ends up missing to look to her husband. she wants to leave Florida and move back to NY where the kids and herself were born. Her children are 4 years old and 16 months. they have only been in Florida for less then a year. she fears that she could get in trouble for taking the kids out of the state. does any one know if she could take the children out of the state with out any legal issues. they are still married and living with together and there is no set custody. any help on this matter would be greatly appreciated. Thanks, Danielle


Asked on 12/22/12, 2:45 pm

2 Answers from Attorneys
John Smitten Carey and Leisure

You have to get written consent from the father or a court order in advance of the move. If she moves without those things she will get into trouble. Contact my office for free consultation 727-446-7659

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Answered on 12/23/12, 4:55 am
Lucreita Becude Lucreita D. Becude, P.A.

Since you stated there is no action filed in the courts, yes you could leave with the children. The fact that he has established residency in Florida means that he could run to the court and ask for custody. I suggest you take your children and yourself to the nearest abuse shelter and let them help you from there.

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Answered on 12/23/12, 9:17 am


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