Legal Question in Family Law in Florida
we have been married for over 20 yrs, but I have been moved out for about 6. We are not legally seperated. She has met a new guy, and only known him for a month, but informed me she is considering moving to Alabama with this guy, and taking our kids. We currently live in Florida.
She is being selfish in my opinion. Our kids are 12 & 7 and all of their family and friends are here in Florida. They will have noone else buy their mother in Alabama. Can she legally do this, without my consent? I do not want her to do this, and I am not going to give her my consent.
I would like some PROFESSIONAL opinions of what my legal rights are with this matter PLEASE!
2 Answers from Attorneys
Assuming you file for divorce, Florida law prevents her from moving the children more than 50 miles from their current residence without your consent or a court order, and it's pretty tough to get a court order allowing a move away from a father.
The law is less clear on whether she is allowed to move when you are still married and don't have a divorce pending.
My colleague is correct. Short of getting an order from the court, you have little hope of keeping her and the children here. You need to speak to an attorney on this matter. You could file an emergency temporary custody order to stay any action she might have and that would at least give you an order to forestall her moving with the children at the current time. I feel you have a good chance of keeping the children here just with the facts you stated. Good luck and God Bless.
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