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

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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: 6 months ago.Category: Family Law
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Answered in 22 hours by:
3/10/2018
Family Lawyer: Sue, Family Law Attorney replied 6 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 665
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

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Family Lawyer: Sue, Family Law Attorney replied 6 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

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