Legal Question in Family Law in Florida

Illegal to move states with a child without the other parent if still married?

Husband and wife had a child together. Marriage did not go well, and they ended up splitting up, however they did NOT get a divorce, or legal separation or anything of the sorts. There has been no court proceedings. The wife left to be with another man (me). The wife then got transferred across the state of Florida within her company. The new man came with her. The child did not come with us initially, as we couldn't have provided well enough for her. The child was with the husband for about 4 months. He couldn't provide for her either, so his parents did. They (and the husband, he was living there) ''got tired'' of her basically said ''take her''. So we did. We remained on the other side of the state, driving back and forth occasionally to let her see her father (the husband). After about another 8 months, the wife's company transferred her again, this time out of state; to Texas, which is where we now reside. We brought the child with us. The husband was well informed of this before it happened. Now he's threatening legal action. Do we have anything to worry about? There no violation of a court order, as there IS no court order. As far as I know, it would only be illegal if certain custody orders were in place.


Asked on 4/11/09, 9:10 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Illegal to move states with a child without the other parent if still married?

You're right.

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Answered on 4/11/09, 10:11 pm


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