Legal Question in Family Law in Florida
Moving Child out of state
I am separated from my wife but it is not a legal separation. We have verbally agreed to joint custody. She has just informed me she plans on moving to NY with my son. She cant do this, can she?
1 Answer from Attorneys
Re: Moving Child out of state
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No. She needs to have court permission to move with the child from the State of Florida. You should immediately meet with an attorney and get the attorney to file a lawsuit to determine custody. Once the court is involved, she will not be able to leave Florida without a court order or she will face being held in contempt of court. If you allow her to move to New York and she later files a lawsuit there, you will have to defend the action there which will be very costly and certainly not practical for you.
Scott R. Jay, Esq.