desperate friend in need

[friend helper]

I have a friend/coworker who has been married for approx 10 years and although he hasn't physically abused her in almost 3 years he nearly killed her then. They have a 10 yr old son whom she adores and her husband has been acting up again lately and he's getting more and more agressive towards her and she's frightened. She has family in New England and would like to move back home with her 10 yr old son. The husband has already told her that he will not allow her to take him. Can she just take her son and move back home? If she does and he files for divorce/custody in Florida, will she have to bring her son back to Florida and what is the worst that could happen? Could she be charged with parental kidnapping. I understand that she has to live in the new state for atleast 6 months before she can file. Please advise. Thank You !

[Attorney Howard Iken]

No, she will not be charged with kidnapping. She has the right to move.

The worst thing that can happen is being ordered back to Florida. That would also be a really bad start in a divorce case.





Attorney Howard Iken
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