Legal Question in Family Law in Florida

I live in Florida, how old do my children have to be before I can move out of state with them and not have their father try to stop them from moving? We are still married. Can I leave with them now?


Asked on 5/15/10, 8:19 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

If you have not filed any documents for support or separation or custody or anything with the court - then you both have custody and you can leave. However, be aware that he has established residency here and can file an immediate action to have the children returned to him under an ex parte (one party) order. What you need to do is file a Petition for custody and an Order to Move before you take such drastic action. Otherwise, he may have the upper hand in court.

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Answered on 5/21/10, 8:07 am


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