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  1. #1
    ashenglo is offline Junior Member
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    Dec 2010
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    Default Relocation withing Florida Child custody

    Hi There, Thanks for reading this.
    I have recently filed for divorce from my husband of seven years we have three shared children 6mo,18mo and 6 years.
    The situation: my husband has been physically and emotionally abusive for many years and we have done gone to multiple counselors. We were visiting familiny in Volusia county from Escambia county. My husband got drunk and went ballistic in the house. He hit himself in the head with a pool ball and made threats against his own life. He also pushed and elbowed me while I was trying to stop the bleeding from his self inflicted scalp laceration. I called the police and he was arrested for domestic battery, driving with a cancelled liscense and resisting arrest. He is currently awaiting arraignment. He was not Baker acted but the jail psychiatrist would not release him unless someone was there to accompany him for safety reasons.
    I filed for a restraining order and gained temporary custody of my children. I am not concerned about getting custody, esp with his history. But I am concerned about the county that I filed divorce in.
    I was unable to find satisfactory full time work in our previous county of residence, and have in essence relocated to Volusia, I was concerned for my and the children's safety since they have witnessed him hitting me and he appears to be escalatin, this last incident was in a house full of people. He also called constantly and appeared at the place I was staying before the restraining order.
    I do not wish to be forced to move back to escambia county to fulfill visitation, I have a family support network here and have enrolled my daughter in school I also have a full time job with excellent benefits.
    My husband owns a business that has not shown profit for the last 18mo I have been supporting him, and operates largely in cash.
    How do I negotiate for my continued residence in Volusia county with custody of the children?
    Thanks!

  2. #2
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
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    Aug 2008
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    Tampa, Florida, United States, 105638029469653, Tampa, Florida
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    Default

    Based on your story, I do not think you would be forced back. I believe some sort of alternative will exist in the end. You seem to have adequate reasons for the relocation. A critical fact will be whether you moved after filing the divorce case.

    Of course, none of that changes the proper place for the case - in the county where you last resided as a couple.

    Attorney Howard Ikenicon

  3. #3
    ashenglo is offline Junior Member
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    Dec 2010
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    Default

    Hey thanks for replying,
    I filed for divorce after moving, we were visiting in Volusia when he was arrested and I stayed here and filed for divorce. He also has use of our former residence in the temporary injunction.

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