Legal Question in Family Law in Florida

Hello, I live in florida and my husband just told me last night we wants a divorce. We rent a house from his mom and he is kicking me out. I don't have any money to support my family and I'm 7 months pregnant. All my family lives in Minnesota and I want to go back there to live but my husband said I can leave to go back but am not allowed to bring our daughter. What are my rights? Can I leave state with her without his permission?

Asked on 9/29/16, 5:12 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

0 users found helpful

0 attorneys agreed

Legally, you need court permission to relocate. Seems you have good reason.

Answered on 9/29/16, 6:08 am

Mark as helpful

Lucreita Becude Lucreita D. Becude, P.A.

0 users found helpful

0 attorneys agreed

Until an action has been filed in the courts, you and he, both have custody of your daughter. You can go to Minnesota with her but in all likelihood, he will file an action, then have to serve you, and if you have not gotten your 6 months of residency established in Minnesota, then you may have to come back to Florida. However, if your do establish your residency in Minnesota, Florida will have no jurisdiction over you and he will have to file in that court in Minnesota to have you serve and have a hearing there. It is complicated but it can be done.

I suggest you contact Jacksonville Area Legal Aid and have them set you up with housing for you and your daughter to stay until you can get an order from the Court to relocate.

Answered on 9/29/16, 7:03 am

Mark as helpful