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.

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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.

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Answered on 1/31/11, 11:52 am


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