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 -
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... more
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.
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
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.
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... more
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
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.
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.