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-   -   I moved to nh and my son is in fl with dad how do I get custody of him here (https://www.askmehelpdesk.com/showthread.php?t=316266)

  • Feb 11, 2009, 03:50 PM
    sexyb22d
    I moved to nh and my son is in fl with dad how do I get custody of him here
    I moved to nh cause of domestic violence . And I couldn't take my son with me. Cause I didn't want to bounce him around. So he has been going back and fourth to here and fl and now that I have got every thing all seat here my son dad won't give him back but no one has custody of my son so what should I do it get custody and bring him back home
  • Feb 12, 2009, 06:07 AM
    stevetcg

    Since the child lives in FL, the FL court will have jurisdiction. You need to get a lawyer and go to Florida and file for custody. In the custody papers, it needs to state that you will be moving with the child to NH.

    Or in other words... you probably cant. If the father wants visitation, it is unlikely that you will be allowed to move out of state even if you are able to get custody (which is certainly possible).

    I understand your need to leave, but please understand, the fact that you chose not to take your son with you is going to hurt your case because having him as the custodial parent at the moment brings the fight to his turf (fl)

    Btw - this post probably should be moved to the family law board.
  • Feb 12, 2009, 06:12 AM
    Fr_Chuck

    Your left your partner because they wre dangerous to the point of abuse, but felt it was OK to leave your child in his care,

    That is one you will most likely have to explain to the court.

    You will have to file in Fl where the child leaves and travel there for all of the hearings, all of the required counseling and maybe even the parenting classes required.

    So moving that far away is going to make it a lot harder.

    Next if he is a threat you will have to prove it, copies of police reports, copies of medical reports from your injuries, witnesses of the abuse and more.

    Also has he already filed, does he know where you are at to have you served ?
  • Feb 12, 2009, 09:09 AM
    sexyb22d

    My son dad was not the one who abusive to me it was my other kid dad and my son just went down there to go back with his dad in January to visit and now he won't give him back

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