Legal Question in Family Law in Florida
My husband and I are separated and have been for almost a year now. We have not started our divorce but it is inevitable. I live in Orlando, Florida and I would like to take my daughter to the aquarium in Atlanta, Georgia to see the whale sharks. It would be a 4 day trip. Can he legally prohibit me from taking her out of the state? We have no custody agreement in place and I would be returning with her after the 4 day trip.
Asked on 1/26/11, 8:24 am
2 Answers from Attorneys
Lucreita Becude
Lucreita D. Becude, P.A.
if you have filed no papers then the child is equally as much yours as his. Go for the trip.
Answered on 1/28/11, 7:01 am
Brent Rose
The Orsini & Rose Law Firm
The Florida law that prevents you from taking a child out of state only prevents you from permanently moving a child more than 50 miles from the child's current address. It doesn't involve temporary vacations. Enjoy your trip.
Answered on 1/31/11, 11:52 am