Domestic Violence Situation, Mom Wants to Move to Another State While Still Married
My question involves a childI have 4 children, the youngest is my husbands child. She is 7. My late husband died suddenly 9 yrs. ago.
My husband is very ill psychologically. he has been diagnosed as bi polar,is an alcoholic, currently a dry drunk who will take any pills he can find.. and doesn't take his meds. He was court ordered into a 6 month batterers intervention course. it just made him more pissed off all the time at women. We have had 7 counselors in 8 yrs. he says they are all in a conspiracy against him.
I want to leave the state(FL) to have friends and a support network, and my oldest child is in college there, and wants to permanently reside there. Either NY or neighboring NJ.
We have no legal paperwork yet. Old restraining orders etc..all expired so he wont leave the home. Should I get a new restraining order or just leave. I have less than 400 dollars due to him hiding all the money for a year.
He will get furious, and he hid his gun from the police when they asked him for it a year ago.
Help please. I want to keep my kids safe. I do have counselors and doctors to back up in court. Would prefer to move court to where we are going to give me time to regroup. We have nothing legal right now at all.We are still married. he wont let me have a separation or a divorce. Thank you/. This is very scary. custody case from the State of: FL
Re: Domestic Violence Situation, Mom Wants to Move While Still Married to Another Sta
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Quoting
Sharon Tan
We have no legal paperwork yet.
Then it's time to get some started.
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Old restraining orders etc..all expired so he wont leave the home. Should I get a new restraining order or just leave.
You could do either, or both. It'll depend on the big picture plan in light of an evaluation of risk factors for the safety of yourself and your children.
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I have less than 400 dollars due to him hiding all the money for a year.
Do you have income of your own?
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He will get furious, and he hid his gun from the police when they asked him for it a year ago.
Do you know where it is? Were police told that he was hiding guns?
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Would prefer to move court to where we are going to give me time to regroup.
Court jurisdiction will be Florida until and unless you've been established as a resident in a new state for 6 months. Prior to that, he can not only come and GET the children, you can expect that if you leave, and he files for divorce and custody, that the court can order the children to be returned. Fleeing domestic violence to keep safe is sometimes the only alternative, but there can be serious unintended legal consequences regarding taking the children.
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We have nothing legal right now at all.We are still married. he wont let me have a separation or a divorce.
Courts, not spouses, grant divorces. You ABSOLUTELY need to be working with a domestic violence program - they see these circumstances every day and are your best resource for planning, legal support, safety evaluation, and the "how to's" of getting OUT.
You can find your local program at:
http://www.aardvarc.org/dv/states/fldv.shtml