Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

In a domestic abuse case can a mom take a minor out of

Customer Question
In a domestic abuse...

In a domestic abuse case can a mom take a minor out of state(Georgia) to move with family(Florida)without going to court? Thanks

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

This is my daughter living in Georgia and we live in Florida. She would like to come with us because she has no one there and the husband is a nasty man.

Lawyer's Assistant: Has anything been filed or reported?

Police have been to the house numerous times, she has contacted a shelter and DCF came in because of the fighting. She has not filed against him as far as having him arrested. He is verbally/physically abusive also to her older son (12years old). Not sure what she is waiting for.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He withholds money,sex and whatever else he can, makes her feel like a lowly person, tells her what to say and do, typical abuser and he also threatens her with taking the baby which is his by saying she is crazy? I do have a fear for her and kids! He is a heavy drinker!

Submitted: 3 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 22 hours by:
3/10/2018
Family Lawyer: Sue, Family Law Attorney replied 3 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 527
Experience: Family Law litigator for over 35 years
Verified

Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Sue

Ask Your Own Family Law Question
Family Lawyer: Sue, Family Law Attorney replied 3 months ago

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

When you say there's a domestic abuse case, I'm assuming you mean your daughter has a protective order against her husband, is that right?

If so, it's somewhat unusual to get a custody order allowing relocation in a protective order case.

If not, your daughter can file for a protective order and usually get a temporary order the same day.

Have you or your daughter contacted the national Domestic Violence Hotline, accessible here and 24/7 at 1-***-***-****? They have excellent expertise in how to navigate the state system to get the best legal protection for your daughter and her children, and can give you or her referrals to local services, often including free legal representation.

Their support and expertise is excellent, so a call to them is a good place to start. If your daughter goes to that website her husband may track her on-line activities, placing her at greater risk. That's why it's good to contact The Hotline to sort out the safest and best strategy and access local DV support and services.

The better way to proceed would be for your daughter to file a divorce action asking for an order to relocate. However, as you're probably aware, leaving is the most lethal time in a domestic violence ("DV") relationship. That's another reason why it's wise to contact national and local DV services to formulate a safe exit strategy.

The other option is for your daughter to leave and file for divorce or protective orders in Florida. However, "in order for a Florida court to have subject matter jurisdiction over a divorce proceeding, Florida Statute § 61.021 requires that “one of the parties to the marriage must reside 6 months in the state before filing the petition.”

There is no residency requirement in Florida to file for a protective order.

The downside to this alternative is that the husband may not wait 6 months to file for custody of the baby in Georgia, thus establishing divorce jurisdiction in Georgia. Then it's harder for your daughter, as she'll have to travel back to Georgia to appear at hearings.

Would you let me know if you have other questions arising out of this information?

Sue

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Sue Your Own Question
Sue
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 527
527 Satisfied Customers
Experience: Family Law litigator for over 35 years

Sue is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I am trying to get divorced. Temporary orders were
I am trying to get divorced. Temporary orders were determined by the commissioner at our last court date. Since then, the respondent and I have decided to settle outside of court. We have drawn up new… read more
Sue
Sue
Family Law Attorney
527 satisfied customers
Domestic violence with incorrect charges... should be
Domestic violence with incorrect charges... should be misdeamer not felony. Military Navy Special Ops and Officer. Retired now after 25 year outstanding career and decorated officer.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I was granted a rehearing for a false Domestic Violence case
I was granted a rehearing for a false Domestic Violence case that initially went against me. As it turns out the plaintiff has never lived with me. But falsified that she did in court and on the petit… read more
Jessica B
Jessica B
Juris Doctor
1,307 satisfied customers
How difficult is it for a victim of domestic abuse to file a
How difficult is it for a victim of domestic abuse to file a tort suit against the abusive ex-spouse for vexatious litigation? This has been going on for years and has traumatized both my children and… read more
Attorney DROD
Attorney DROD
Sole Practioner
Doctoral Degree
47 satisfied customers
I am a victim of domestic violence. Since I've been
I am a victim of domestic violence. Since I've been viciously harassed work, family home cell social media. He isn't beyond setting people up. He mentioned my phone before which he had access too. Tod… read more
Attorney DROD
Attorney DROD
Sole Practioner
Doctoral Degree
47 satisfied customers
In Maryland, if a Domestic Violence event hearing is
In Maryland, if a Domestic Violence event hearing is Dismissed/Closed/ or Inactive, does that still mean it's not able to be expunged? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,869 satisfied customers
How important is domestic violence concerning child custody
How important is domestic violence concerning child custody if it occurred right before post decree orders?… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
496 satisfied customers
In New York, for a temporary order of protection to be
In New York, for a temporary order of protection to be extended, must it be in writing?, i.e. must the court issue the extension as another order on … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,097 satisfied customers
I was a victim of domestic violence and stayed to protect my
I was a victim of domestic violence and stayed to protect my stepdaughter. Eventually her biological father took her moved and I couldn't stop him. I've stayed in her life as was our agreement from th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is a Petition for Order of Protection in a Domestic Violence
Is a Petition for Order of Protection in a Domestic Violence against me in New Mexicio, considered a criminal proceeding ?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Physical domestic violence records can be used at court to
Physical domestic violence records can be used at court to penalize the violent spouse. How about mental domestic violence in marriage when the couple is to divorce? Such as psychological abuse, not p… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm trying to get out of a domestic violence relationship
I'm trying to get out of a domestic violence relationship but he stays with me and they are telling me i have to evict him in order for me to put him out. Is there anything else i can do to get away f… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If I made a false police report concerning domestic violence
if I made a false police report concerning domestic violence who would I need to contact to retract my statement? … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
963 satisfied customers
Wanted to ask a question on a domestic violence case. The
Wanted to ask a question on a domestic violence case. The person is locked up and has multiple charges one being domestic violence. The so called victim is stating that she doesn't know why they have … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
544 satisfied customers
I have a question regarding domestic violence no contact
I have a question regarding domestic violence no contact order, I'm the victim … read more
Sue
Sue
Family Law Attorney
527 satisfied customers
I was never formally served domestic violence restraining
I was never formally served domestic violence restraining order. I volunteered to go to motel to defuse situation. Husband who got order put 25 yr old daughter on it without her permission. I have con… read more
Michael Bradley
Michael Bradley
JD
1,430 satisfied customers
Just wondering. I finally have court for temporary orders
Just wondering. I finally have court for temporary orders after filing for divorce. I have left marital home with my 3 children due to alcohol abuse. He now is seeking the home and joint custody... ju… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
For domestic violence cases, how is the valid time to sue
For domestic violence cases, how long is the valid time to sue people from the day of being attacked?… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,097 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x