Legal Question in Family Law in California

Until a divorce or custody proceeding is filed, you are free to leave the state. You have to bear in mind, however, that California will retain jurisdiction and Florida will decline jurisdiction over the divorce and the kids, for six months. So within that six-months window, you could be ordered to return the children to California and to conduct the divorce proceedings in California. If it appears to the court that your move was in any way motivated by a desire to keep the children from their father, that will also go very strongly against you in the custody proceedings in the divorce. So make darned sure he won't do anything for six months, OR that you have an airtight case as to why you have to move first, rather than filing for divorce here and asking the court's permission to move.