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Home > Law > Family Law   »   leaving state without permission

 
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Old Sep 7, 2007, 08:48 PM
lovinarms
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leaving state without permission

my children are in the primary residental custody of their father and are being physically abusedby him and the stepmom and nobody will do anything if i take my kids and leave state what will happen if the court order states niether parent can remove the minor children from the state of florida

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Old Sep 7, 2007, 11:15 PM   #2  
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If the father has primary custody and you take the children it is kidnapping. You can be arrested and serve jail time. It will hurt you case in regards to trying to have you children with you, and will not be looked favorably upon in court.

Plan and simple, it is not the right thing to do. It is breaking the law.

You need to go about this the right way. If the children are being abused you need to call and report him to Child and Family Services, they will investigate. In the meantime, request an emergency hearing to protect the children, and fight for custody.

I cannot stress enough, for you and the children, do not do this, its kidnapping and you will be on the run forever trying to hide.
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Old Sep 7, 2007, 11:26 PM   #3  
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If you take the children from the custody of the father and he has legal custody then if your state views interfering with custody as a criminal offense, you could be arrested and put in jail.

Some states have it as a criminal charge others it is just a civil issue.
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Old Sep 8, 2007, 08:04 PM   #4  
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You could be held in contempt of court and charged with kidnapping. You need to notify CHild Protective Services for Florida of your concerns, then file a motion for custody of the kids. You may also want to notify your childrens' school(s) of your concerns as CPS is more likely to respond to an inquiry from a school than from a non-custodial parent.
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