Legal Question in Family Law in Florida
Relocating to NY with the child before Florida divorce
I am planning to relocate to NY in order to keep my job with my little daughter. Me and husband are separated , he refused to fill out financial affidavit to calculate child support. Verbally he agreed with the move but then every day changes his mind depends on the mood. He doesn't have a steady job. I am planning to file for divorce whenn moved. Can I move without giving him exact day of the move and let him know new address when it's done?
2 Answers from Attorneys
Re: Relocating to NY with the child before Florida divorce
You can move without telling him, but I'm not sure it's the best way to get custody. The judge may not be pleased with what you've done. Also, if he files for divorce before you move, Florida law forbids you from taking the child when you move, unless you get his permission or a judge's permission.
Another reason to be careful about moving is that you may lose your right to file for divorce in Florida, and you may be required to file in New York. Check with a New York lawyer to be sure, but I believe you'll have to wait out a one year separation period before you can file for divorce in New York.
Re: Relocating to NY with the child before Florida divorce
You can move without telling him, but I'm not sure it's the best way to get custody. The judge may not be pleased with what you've done. Also, if he files for divorce before you move, Florida law forbids you from taking the child when you move, unless you get his permission or a judge's permission.
Another reason to be careful about moving is that you may lose your right to file for divorce in Florida, and you may be required to file in New York. Check with a New York lawyer to be sure, but I believe you'll have to wait out a one year separation period before you can file for divorce in New York.
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