Would an incident of domestic violence affect my ability to relocate out-of-state with my daughter?

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Would an incident of domestic violence affect my ability to relocate out-of-state with my daughter?

I was recently denied the right to relocate with my daughter to CA from FL to be with my new husband. My ex (daughter’s father) recently came to my home and cut me in the face after threatening to kill me. My husband saw the whole thing and my friends have witnessed him being physical with me before. Would this recent abuse give me any more options seeing that my custody case is already closed? My ex is being charged with felony assault and battery with a deadly weapon. And I already have a restraining order.

Asked on August 18, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Please, please, please seek legal help as soon as you possibly can.  These facts I believegive rise to a valid re-opening of the custody issue and I think that you should seek to have sole legal custody of your daughter at this point in time.  You should also seek to limit his visitation to supervised and honestly I would consider terminating his parental rights all together.  The safety of you and your daughter are really what is of utmost importance here.  I think that once that is properly established through the right channels (the court) you will find that the court will look quite differently on the issue of relocation or that the issue will be moot as he will no longer have a say.  Good luck to you. 


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