Legal Question in Family Law in Florida
How difficult will this be?
My husband and I have one son and we live in Florida. I want to get a divorce and relocate out of state. Could you please let me know just how difficult you think this would be? Thank you
1 Answer from Attorneys
Re: How difficult will this be?
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If your husband objects to your leaving the state, it will be a serious problem that you will have to overcome. Both parents have equal rights to the child and to share in the parenting and his upbringing. By leaving the state, you are effectively depriving the father of his rights unless you agree that he should be the custodial parent. If you want to be the primary residential parent, you will have to apply to the court and explain how your leaving the state is in the best interests of the child. It will be up to the court to make a decision.
Scott R. Jay, Esq.