Can my niece move out of Florida with her children and retain child custody at the objections of her husband? 2 Answers as of January 22, 2011
My niece lives in Florida. Her husband is abusive (no proof). She is suffering from depression and realizes she needs help. She wants to move to West Virginia and make a life for her children and herself. Her husband says she will be arrested for kidnapping if she takes the children. Can she leave him?
Hugo Florido ESQ.
| Hugo Florido
She can leave him and should leave him under the conditions described. I would suggest filing the proper paperwork in court and obtaining consent from the court to move.
Answer Applies to: Florida
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