Legal Question in Family Law in Florida

Child Custody out of state

My wife and I are currently married but have been seperated for the last 6 weeks. She has an ill relative in North Carolina and wishes to care for

him. She will take our Two Children and rent an appartment. My Question is, Can she file for Divorce

in North Carolina?.And if she can...will she be able

to retain custody of the Children in that state?


Asked on 7/11/00, 5:11 pm

1 Answer from Attorneys
Joel Cohen Joel M. Cohen,P.A.

Re: Child Custody out of state

Either one of you can file for divorce in any state where you have met the residency requirements. Usually the children must have lived there for 6 months in order for that state to acquir jurisdiction. If things are no better in 5 months, I would file in Florida if I were you.I think this moving of hers is a ruse.

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Answered on 9/08/00, 10:57 pm


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