Legal Question in Family Law in Florida

Before the divorce..who has custody?

Can I leave state to live with my mother(with our son) until custody is estlabished in the divorce?


Asked on 11/25/01, 10:06 pm

1 Answer from Attorneys

Sanford Martin Martin Law Office

Re: Before the divorce..who has custody?

Upon the filing of a petition for dissolution, many Florida courts issue an order maintaining the status quo until the court decides all the issues in the petition, including support, custody, etc. Usually the order forbids removal of minor children from the jurisdiction prior to the Final Judgment, without consent of the other parent. If there is no such order, you may be able to take the child to another jurisdiction, however, a parent is advised to inform the other parent of such actions so that if the other parent objects, he or she may seek a court decision on the issue. If you are unable to obtain written consent of the other parent, you are urged to consult with a family law attorney regarding this issue which may substantially affect the issue of custody.

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Answered on 11/26/01, 12:14 pm


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