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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114135
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My daughter is married with a 4 year old and they did reside

Customer Question

My daughter is married with a 4 year old and they did reside a month ago in AL at his mothers house. He was unable to keep up the bills there so he moved them a month ago to a friends house in SC. He mentally and verbally abuses her and controls her every move and money even if its her money. He changed the password ***** the bank account now so she doesnt have access. Can she stay here with her family with the baby in Tampa, FL and file for custody and not get in trouble?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
She can move to Tampa and she can seek to file a petition for divorce and custody in FL, but if she has not been in FL for at least 6 months, they are likely going to tell her that she has to file for the divorce in AL.
She can file for emergency temporary custody and support based on the physical and emotional abuse in FL if that is where she is moving. If he wants to stop her, he would have to either come to FL or go to AL to file as they are not residents in SC so the SC court has no jurisdiction.
I would tell you to get her to Tampa and get her a local attorney in Tampa or go to the spousal abuse center in Tampa if she cannot afford an attorney and they will assist her.
Customer: replied 1 year ago.
THANK YOU SO MUCH!! So we can take her and the baby from SC to Tampa without the law coming and taking the baby?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
As there are no court orders in place, she can take the baby to Tampa and you need to get a lawyer to represent her and file for emergency temporary custody based on the abuse and get the matter into court. He cannot really stop her unless he goes to AL, where he no longer lives and tries to get them involved, but if he is not living there and has no money for an attorney, it is not likely and the SC court will not get involved because they were there only there about a month so they are not legally residents of SC.

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