Legal Question in Family Law in Florida

My husband and I were married in NY and had two kids there. About 5 years ago, we moved to Sarasota, FL. We want to get divorced. We still live together. We own a house and a condo and will have trouble selling both. I lost my job and then subsequently a business. I am an American citizen originally from Canada (my husband is not - he has a green card). I want to return to Canada to live by Sept and bring my children (ages 10 and 12) with me. My husband will stay in the house in Sarasota and try to sell it. A friend told me that I need to have written permission from my husband to take them. Is that true? If so, what needs to be in the letter? Does it need to be witnessed and notarized?


Asked on 8/04/09, 6:00 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

You must have permission of your husband or a judge to move the children out of Florida. The form does require a notary, but no witnesses, and it does have some other very formal requirements. You should hire an attorney to help you with the form and its requirements. Moves are very difficult in Florida.

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Answered on 8/04/09, 6:21 pm


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