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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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Hi, I have another question Im hoping you can help ...

Resolved Question:

Hi, I have another question I'm hoping you can help with.
Currently my divorce is still pending because my husband doesn't want it and is basically holding it over my head to use a leverage and to threaten me that he will push it through when I don't do what he wants. My case number XXXXX FL is 2007 DR 001930 (in case that helps!)
It is complicated. He filed in FL last April, and we moved to Texas in Nov due to his job. (I didn't want to move but had to stay with my daughter as he dangles the MSA over my head every chance he gets.) I'm still trying everything I can to see how I can get custody and move away. My husband has been in the military and government our entire marriage and I have been the primary caretaker of our daughter. He was deployed over half of our 9 year marriage. Our Daughter doesn't want to live with him, and is afraid of him because he is always yelling and did get arrested for hitting me in from of her in May 2006.

My daughter and I are in San Diego right now with my family for the holidays. My parents, and my sister and her husband and 2 girls ages 2 and 1 both live here. And this is where I grew up. We want to stay here and start a new life and not go back to Texas. I can get a very good paying job here and have my family to help take care of my daughter so she doesn't have to go to daycare and they can help when she is sick etc. My husband is alone in texas and works full time and also has to go out of town for a couple day/weeks at a time. She would be daycare everyday after school and if she is sick there is noone to take care of her. On holidays and in the summer she would have to be in daycare in Texas where if she is in CA with me my sister doesn't work and my mom is off on all school holidays.
My question is.. Since the divorce is not final in FL, if I stay in CA and file papers either here or with a lawyer in FL to get custody and be able to stay in CA can he force me to bring her back to texas or file kidnapping charges? I know it is all very complicated, and I would never have lost custody had I not signed the MSA under dirrest.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
No, it does not work that way. As the divorce is still pending in Florida, the issues of custody will be heard in Florida. Florida retains jurisdiction. California will not accept jurisdiction as the divorce is still pending in Florida. If you file, California will dismiss your petition for lack of jurisdiction.

Unfortunately you are bound with what you have agreed. You cannot relocate with the child unless authorized by the court. If you do anything contrary to the agreement you are in contempt and he can possibly file for interference with custody rights and have the child returned to him.

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