Legal Question in Family Law in Florida
My daughter wants to leave the state of FL with her daughter and isn't divorced yet. Will she be breaking the law or get arrested for this if her husband (separated) doesn't want the daughter to leave the state.
2 Answers from Attorneys
It depends where she is in the divorce process. Generally for a short vacation length stay (Max 14 days)there is no problem. If she wants to permanently leave she needs to review Florida statute 61.13001. The Judge always has the final say.
If a divorce has not yet been initiated, she is not breaking any laws by leaving the state with the child. That being said, if her husband files for divorce and files the necessary paperwork before the child has been out of the state for more than 6 months, a Judge can and likely will require your daughter to bring the child back.