Legal Question in Family Law in Florida
I am currently married and have not filed for divorce. Me and my husband have a six year old daughter with no custody arrangements through the court. I want to move out of the state of fl to kansas with my daughter. Can I get in trouble for this? If so, can I get temporary custody of her and move?
1 Answer from Attorneys
If there are no court papers - then go. Right now you both have custody rights of this child and without court papers the police can not get involved as this would be considered a civil matter.
I will tell you that this could get nasty. Once you move you are not legally a resident of Kansas until you have been there for at least 6 months to a year. If your husband files papers against you, you will have to come back to Florida to fight him. He could also file for a temporary custody order for the child and you would be left out until a hearing. I suggest you file for divorce and file for Temporary Needs hearing which would give you custody, child support and possession of marital assets. Then you could get an Order to leave the state based on family help and support from them and possibly employment if you have a job lined up.