Legal Question in Family Law in Florida

parental disagreement

My divorce is filed but not final. My children want to go to Colorado to visit my sister this summer for five weeks. Their father says that is too long and that they cannot go that long. They want to go and it will also help with babysitting issues this summer, as I have to work, and my two older children from another marriage, who normally babysit, will be in Colorado also. Can I send them anyway even if he does not want them to go that long?


Asked on 5/14/07, 10:25 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: parental disagreement

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Without further knowledge, all I can say is that "it depends". I have no idea what stage the divorce is in, but I would ask your attorney to file a motion with the court asking for permission for the children to travel to Colorado. The court will then weigh the interests of each parent and make a determination.

You have to keep in mind that each of the parents have equal rights when it comes to the children unless a court rules otherwise. How would you feel if your husband wanted to take the children away for 5 weeks regardless of your desires?

Scott R. Jay, Esq.

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Answered on 5/14/07, 12:01 pm

Re: parental disagreement

It is simple enough to get back into Court and let the judge mull it over. I would not recommend that you unilaterally change things because that can come back to bite you. Hash it and get a consensus. Didn't say how long he thought was long enough?

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Answered on 5/14/07, 3:34 pm


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