Legal Question in Family Law in Florida

I have a friend whose wife filed for divorce back in Oct. 09. They are not divorced yet. She wants to take them out of state. He is afraid she will take the children and run (go home to Alabama). His lawyer told him there is nothing he can do. Is this TRUE? I think it is crazy.


Asked on 6/02/10, 6:02 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

She needs a court order from the court allowing her to remove the children from the state of Florida. ONce a divorce has been filed, the children are considered in the control of the state of florida until an order states otherwise.

I suggest he file a petition with the court for temporary custody until the divorce can be heard. Does not mean he will get it but with good reason, evidence, actual people with knowledge who can testify, then he may have a chance.

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Answered on 6/03/10, 10:02 am


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