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  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Default Child Custody, Non Married, Abusive Relationship

    My question involves a child custody case from the State of: North Carolina to Florida.


    I have a friend who currently lives in North Carolina. She is in a somewhat abusive relationship and wants to get out. The problem is that her and the boyfriend have a 2 y/o child together. She wants to come back to florida with her child and the child has the fathers last name.. He told her if she leaves to florida with the child he will report her kidnapped.. What can my friend do to solve this problem within the next few days? Any advice would help. Thank you.

  2. #2
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: Child Custody, Non Married, Abusive Relationship

    do the two have a court order yet?

    has the bf established paternity thru the courts?

    If not, the mother is the only "legal" parent this child has. therefore, she has primary custody.

    she can leave him, and if he wants to he can file for custody (and if she's not a resident of florida before he does this she will need to either move back to nc or send child there). but he will have to establish paternity beforehand.

    also, if she goes to fl and files for assistance, most likely there will be a case open for child support from him which may prompt him to file for custody.

    my best advice for her to do is seek out womens shelters, take the child with her and file for primary custody along with a restraining order. with that, she can ask to move to florida because of certain reasons... the best reason would be to find work...

    but if she honestly feels like if she fled to fl and he won't be able to find her or care enough to, then by all means do it. but it could possibly backfire. it happened to my husbands ex... she fled to tn, but the only difference is that he had already established paternity, giving him a head up on everything.

    for a better response, we will need more info.

  3. #3
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Child Custody, Non Married, Abusive Relationship

    Thanks I will see what more information I can find out from her tomorrow. Thanks again this information is very helpful I will pass it along to her.

  4. #4

    Default Re: Child Custody, Non Married, Abusive Relationship

    Quote Quoting dondon33024
    View Post
    He told her if she leaves to florida with the child he will report her kidnapped..
    Unless there is already some standing order from a court setting out some exception, she cannot kidnap her own child.

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