Legal Question in Family Law in Florida

Child Custody leaving USA

My wife is divorcing me and wants to move outside USA to be with her boyfriend and take our 1 yr old son with her permanently. I am asking for joint custody and that our son be raised in USA. Both of us have been good parents except I have taken care him alone while my wife was out of town several times in the last year. IF I get Joint physical custody: 1. What are my chances I get more physical time with my son than her, more than 50%? 2. What are her chances to take him out of the USA permanently? 3. How much child visitation time will I get if she leaves the country? 4. Can I stop her from taking my son outside the USA permanently? 5. Are child visitation rights dependent on the age of the child? 6. Is physical custody 70% her / 30% me the best I can hope for?


Asked on 1/29/07, 12:42 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: Child Custody leaving USA

The important thing for you to know is that she legally cannot just move out of the country with your son. Unless you agree to the move, the court will conduct a hearing during which she will have to prove many things. From what you have already stated here, she may have a difficult time convincing the court. However, there are many factors the court will consider and it is a weighing of all of them that will be decisive; not just one or two factors. If you think she is serious about this move, you should consult with an attorney as soon as possible to prepare for the process.

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Answered on 1/29/07, 2:31 pm


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