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ok so me an my ex bf got in a argument so after the arguing he went kicked my new car and put a dent in it. so i called the police and now they are charging it as a domestic voliece case just because we use to be in a relationship..but i wanted to move to florida to open up my own business and start school in a few monhs with my son and i was wondering what do u think i will need in order to win this case and be able to get custody take my son out of state?

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Asked by Anonymous at 11:23 AM on Jan. 16, 2009 in Relationships

Answers (8)
  • As for winning the case, your police report, pictures of the damage testimony and what ever other evidence you may have. In terms of the custody...if you have primary custody (meaning the largest portion of time is spent with you), you have the right to move wherever you can provide the best life for you and your child. Even if he has visitation, it becomes his responsiblity to arrange to come see his child, no matter where you are.

    Answer by Danielle720 at 11:27 AM on Jan. 16, 2009

  • getting custody and moving away with your son is a diferent issue than your ex kicking your car. One doesn't necessarily affect the other. you need to talk to a family law attorney for advice.

    Answer by JustAMom2008 at 11:29 AM on Jan. 16, 2009

  • Sounds like you need a Lawyer to me.

    Answer by louise2 at 11:30 AM on Jan. 16, 2009

  • oh, if he is charged with domestic violence, you don't "win" or "lose"---either he pleads guilty or is found guilty or not. the police report is not evidence by itself. did someone see him kick the car? that person needs to testify, unless your ex admits he did it.

    Answer by JustAMom2008 at 11:32 AM on Jan. 16, 2009

  • Sense you two were not married you shouldn't have to get custody. That is only for married people. Unless he brings you to court . About it.

    Because I left the state with my 2 DD's. Never got legal custody, me and my EX's were never married.


    Answer by louise2 at 11:35 AM on Jan. 16, 2009

  • Married or not, custody, support, parenting time, visitation, all that stuff has to be decided by a court to make it binding on both parents.

    Please seek legal advice before you get bad advice here. Keep in mind EVERY state has different laws about this stuff, what someone else did or didn't do means nothing.

    Answer by JustAMom2008 at 11:38 AM on Jan. 16, 2009

  • My EX'S never signed the birth certificates either. That might make a difference.


    Answer by louise2 at 12:19 PM on Jan. 16, 2009

  • Sounds like his actions just won it for you. get a lawyer and keep copies of the police report. Good luck:)

    Answer by micrespo at 12:26 PM on Jan. 16, 2009

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