If I leave my husband, am I allowed to take my son?

My husband said he will put me in jail if I leave and take my son. Am I trapped?

Asked on November 11, 2012 under Family Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are most certainly not trapped. You can take your son and file for divorce and immediately begin the process of custody arrangements and support arrangements. It is not considered kidnapping if you are leaving your spouse and not going out of the country.  You need to ensure you get paperwork together as quickly as possible to protect yourself and your son.

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