Skip to main content

I am a victim of domestic violence. How do I relocate with my children to another state when the father objects?

Tampa, FL |

I also need help on how to file an extension and/or modification to the DV injunction.

Attorney Answers 7

Posted

If you have never been married and there is no order for custody or time sharing, you can just leave. However, if there is such an order, you would need to ask the court for permission to relocate. If the only order is a temporary order in the injunction, you couldn't leave while the injunction is in effect. The existence of the injunction does give you some benefit in that it provides a presumption in your favor in regards to time sharing with the children, especially if there is also a criminal case. But it is still complex with both an injunction and children, so you really need to get a lawyer. You may be surprised to find that you could afford one, or you could check with your area Legal Aid or Domestic Violence shelter - the shelters also provide a variety of services and referrals to non-residents. Here are some links -

http://floridalegal.org/Directory/2012Directory.pdf

http://www.fcadv.org/

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

Mark as helpful

1 found this helpful

13 lawyers agree

1 comment

Howard M Lewis

Howard M Lewis

Posted

always great counsel

Posted

I am sorry that you are going through this. My collegue gave you an outstanding answer, if there is no court order or judgement, then you may leave, if there is you are entering a removal case and will need to show the court that there is a clear advantage or like kind example for the children in another state, family etc, take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Mark as helpful

13 found this helpful

9 lawyers agree

Posted

I agree with my colleagues, however even if there is no order in place and you are free to just leave, the father can file a Petition to Establish Paternity and you may be forced to return the children to Florida. You need to consult with and possibly retain an experienced family law attorney. I offer free initial consultations and I am located in Tampa. 813-374-0353

Mark as helpful

2 found this helpful

11 lawyers agree

Posted

I agree with my colleagues. It also worth noting you may be able to receive victims compensation funds to assist you in light of the ongoing criminal matter. My firm is located in Tampa and offers free case consultations Our office line is 813 830 2261.

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions

Mark as helpful

1 found this helpful

8 lawyers agree

Posted

If you are not married to him and there are no court orders then you can move otherwise you have to petition the court or get his written consent. Contact my office for free consultation. 727-446-7659.

Mark as helpful

1 found this helpful

8 lawyers agree

Posted

If there is a domestic violence injunction in place, which I'm assuming there is because you're asking about extending or modifying it, you need to look very closely at it because it may contain a provision under "temporary parenting plan" that may say "Neither party shall remove the minor children from the State of Florida," and warning that doing so would be a felony. Relocating under these circumstances would require an order of the court. I suggest you speak with a family law attorney before doing anything that even resembles leaving the State of Florida, or extending or modifying the injunction.

Mark as helpful

1 found this helpful

9 lawyers agree

7 comments

David Bradley Dohner

David Bradley Dohner

Posted

A very important point noted by my colleague above. You should very carefully attend to what he has pointed out to you.

David Bradley Dohner

David Bradley Dohner

Posted

The herd might want to pump the brakes a bit and read the question before issuing rushed stamps of imprimatur and supplying contact information.

Joseph Julius Registrato

Joseph Julius Registrato

Posted

I had the same thought, Mr. Dohner, thank you.

David Bradley Dohner

David Bradley Dohner

Posted

My pleasure, sir. In some respects it wasn't even necessarily said critically, but, then again, in some respects it was. Everyone misses wide right occasionally - I know that I certainly do from time to time. LOL. And in general, I think that 80% - 90% of those answering are fairly thorough and contemplative in their responses. Likewise, the vast majority of our colleagues are very well-intended, terrific folks like Mr. Lewis, below, and Ms. Morcroft, above (and of course you in-between). There is simply a group B which is seemingly an issue which AVVO does not wish to address who throw anything, erroneous or not, forget insightful, against the wall, along with a "business card", if you will, and call it an answer. It's unfortunate, particular since laypersons often do not realize that the glib answer which may have been thrown out there in a race for a prospective client might very well be as wrong as wrong gets. I have conferred with AVVO a number of times and proposed several means by which it seems to me that this sort of "answer" can be eliminated, but I have to say, they were not terribly interested in what I had to say. So I proposed. Hey, just kidding. It's a gender neutral joke anyway.

David Bradley Dohner

David Bradley Dohner

Posted

Have a great day. Best, Dave Dohner

Joseph Julius Registrato

Joseph Julius Registrato

Posted

Yes, well, I look forward to your insightful and sometimes entertaining responses and agree that while most lawyers take this stuff very seriously, there are always exceptions.

David Bradley Dohner

David Bradley Dohner

Posted

I think you means entertaining and sometimes insightful responses, rather than the converse..LOL...but in either permutation I certainly thank you for your very kind words. You are one of the true gentlemen (along with the ladies, of course) with whom I have had the sincere pleasure of exchanging our respective thoughts on approaches to situations which are novel and therefore require some rumination before charging in, as well as those which are so commonplace that one needs to frequently refresh one's approach in order to avoid the appearance and sound of "scripted" lawyering which is the truth kiss of death when presenting one's case to a jury, and I certainly have always appreciated your correspondence in these regards, and any other for that matter, as well as reading your always contemplative replies to the questions posed here. And for my part, I, too, believe that the vast majority of our colleagues who take the time to participate in, and involve themselves with, this forum, are incredibly well-intended talented lawyers, with a great deal to offer, who happen to be right-minded enough to offer some of their talents to those who might otherwise not be able to very readily access lawyering of the caliber which they often receive here on a pro bono basis. It is merely a scant few, who are, unfortunately, incredibly persistent in their efforts to demonstrate their flagrant self-interest and lack of creativity that periodically irk me. They also frequently rush so quickly to throw anything in the ring, along with their contact information, that they fail to correctly apprehend the question posed, and therefore by pure "physics", so to speak, miss "way wide right" with their "Answers", to the extent that description is merited. Mr. Registrato, sir, you certainly have, and have had for some time now, my warm endorsement along with my "no thought process required" referral of any matters in the realm of family law in the Bay area, and I hope you have a wonderful day, followed by a terrific weekend. All the best, David B. Dohner, Esq.

Posted

You may need to get a court order depending on the terms of the injunction and any other child support or paternity orders. You should gather up all your documents and meet with an attorney to assist and advise you with this. My office is in St. Petersburg and I practice in Hillsborough so feel free to contact me if you would like a consultation.

Mark as helpful

1 found this helpful

6 lawyers agree

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics