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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117371
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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my daughter has two children. father of child one is

Customer Question

my daughter has two children. father of child one is great. Father of infant has been physically violent with my grandson and my daughter and her baby. I found out about this yesterday. She is not working so it is cheaper for us to move her and the kids to florida and keep her safe as he doesn't know where we live. He was kicked out of the residence 3 weeks ago. There are no custody papers served on either party and they were not married. She has no where to go in Arizona to live and we can provide a great home in florida. Can she leave with her baby and son and relocate as long as there are no custody orders in place saying she can't/ Thank you.

Submitted: 1 year ago.
Category: Family Law
Expert:  JACUSTOMER-msafy3f4- replied 1 year ago.

Hello, I'm sorry to hear that your family is experiencing such a stressful situation. It does sound like your daughter and her children will be safer with you in Florida based on what you have shared. Before she leaves, however, she may want to go through the court to seek a restraining order so that the violence can be documented. This would give her more ground to leave safely with the children. If paternity has been established, the father could possibly request an emergency custody order through the court if she leaves the state with the children which could result in complications for your daughter, especially if the father is unaware the children have left the state. She would not want to risk being charged with kidnapping which could be a potential possibility in such a situation (although the situation is complicated and dependent upon a number of legal factors.) If this situation occurred she would need evidence to show that she was protecting the children and if the violence has not been documented (police calls, injunction, etc.) it would be difficult for her to do. It would be wise for her to consult an attorney for the most accurate legal advice for her state of course. Good luck!

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.

Welcome back, I look forward to working with you again, as it appears your previous expert has opted out.

If there are no custody orders in place, she is free to move with the children as she chooses. If either father objects, they have to file a motion in court to seek to stop the removal of the children from the state. If they do not file an objection, then her move is lawful to FL.