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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33708
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am in probation and my home state is Florida. However,

Customer Question

I am in probation and my home state is Florida. However, they allowed me to go to Illinois. I am currently living in Michigan due to my husband's job. However, my husband and I are not getting along and kids are involved. What are my options in keeping my kids and still living in Michigan? I am already paid for restitution - just awaiting Florida to give a green light to an early termination of probation. If I file for divorce, my husband will keep kids and I will show as a VOP a second time. First time I was behind on restitution. Please help!!!
Submitted: 11 months ago.
Category: Legal
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Are you on a reporting or non-reporting probation?

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And are you saying that you are currently technically in violation because you only have permission to be in IL but you moved the Michigan?

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Did FL actually transfer your probation to IL or did they keep jurisdiction?

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thanks

Barrister

Customer: replied 11 months ago.
I report by mail on a every two month basis to my IL probation officer. I "would be in violation" if my IL probation officer found out I moved to Michigan. FL kept jurisdiction.
Expert:  Barrister replied 11 months ago.

Ok, then your recourses as I see them would be to contact FL and ask them if you could file a motion for early termination based on you having a relatively good history and your husband having a job offer in MI. If not, then ask to have your probation formally transferred from IL to MI. I would just do so without mentioning anything to husband about it to see if you can get it done first. If so, then you don't have to worry about him holding you hostage based on the probation violation.

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If you can't get an early termination and they won't transfer, then you are kind of stuck in limbo until they do terminate your probation..

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thanks

Barrister

Customer: replied 11 months ago.
Do you know how long it takes for early termination to be processed by a judge? I have been waiting since October 2015. Should I contact an attorney to expedite the process or would that make the probation office in Florida upset? If I take the kids with me to Illinois, he will state I kidnapped them.
Expert:  Barrister replied 11 months ago.

Unfortunately no, it is entirely dependent on the judge as to when and if he terminates. But most of them will look at a person's history and then decide if there is any real reason to keep them on probation. Since you are out of state already, I would think that the judge would be more likely to agree to terminate.

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But I don't think I would contact an attorney to just talk to probation. I would do so myself and then see if they were agreeable and then maybe contact an attorney to file a motion to terminate the probation if they seemed like they were not going to object.

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thanks

Barrister