Legal Question in Family Law in Florida

Re: Leaving the State

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While legally you can leave, it is not a good idea. Neither parent has the right of custody of the children until a court has made a decision. If you leave now, your spouse can file pleadings against you that can seek to stop you from leaving. At the same time, it will place you in bad light with the court and could color future decisions of the judge against you due to your actions.

Bear in mind that your spouse has the same rights to be with the children as you do. If your spouse was to leave the State of Florida, how would you feel or react? It is best to consider the Golden Rule when acting prior to filing a divorce.

Scott R. Jay, Esq.

Re: Leaving the State

You can, but I don't recommend it because it probably will cause more trouble than it is worth. If your spouse thinks you are fleeing with the kids, he can file an Emergency Petition to Prevent Removal of Minor Children from Jurisdiction and Denial of Passport Services. It is probably best to stay put for now and wait until temporary custody and visitation orders are entered after the divorce is filed before going anywhere. I recommend that you speak to you attorney about this idea before taking any such action.