Legal Question in Family Law in Florida

My husband and I are getting a divorce. No papers have been filed yet. We lived together in Fl for less than a year and when we separated I went to stay with family in WV with our 2 year old daughter and initially he was fine with that. Now after 3 months he says he is no longer fine with our daughter staying with me in WV and wants her returned to FL. He has since moved from the our former residence and has a one bedroom apartment of his own. There is no where for my daughter and I to return to. In order to maintain custody of my daughter can the state of FL force me to live there? Can the fact that I have lived out of the state of FL with my daughter for 3 months be used against me in a custody fight?


Asked on 7/20/12, 12:46 pm

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

You will need to remain where you are for another 6 months in order to establish residency. In the meantime he could file an action in court but that does not necessarily mean that you have to return with your daughter. I would either wait him out to see what he does - or - file for a divorce with custody of your child.

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Answered on 7/20/12, 4:14 pm


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