Legal Question in Family Law in Florida

To be able to move more than 50 miles, you will need to comply with the provisions of Florida's Parental Relocation Statute, Chapter 61.13001. You will either need your wife's permission or the permission of the Court.

No. You cannot just up and move out . You will need to get her permission or file a Petition for Relocation in conjunction with your divorce Petition.

There is no separation agreement in the State of Florida. You of course can agree between each other your plans but you really need to file for divorce and for a Petition to relocate with your son. You may have to have your son testify as to why he would prefer to move with you. What about child support and other issues. If I can be of assistance, please contact my office for an appointment 904-997-1031.

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You have to get written consent from the ex or a court order prior to moving out of state. Contact my office for free consultation 727-446-7659-

I agree with my colleagues. Her written permission or court order is needed. Leaving without permission or order can affect your future time sharing with your son (visitation) and you can also face court sanctions and having to repay her attorney costs and fees.

If you feel the marriage cannot be repaired you can file the divorce and request that the court render an interim decision on whether you can move. The court will look at whether the move is in the best interest of the child. Various factors will be considered in this determination.

If you are not yet ready to divorce, you can ask the court to issue a decision on time sharing and support for the child without filing for a divorce. However, there is nothing that prevents your wife from then filing for the divorce.

I strongly suggest you meet with a family law attorney who can more specifically determine the best course of action for you given your circumstances.

Natalie Hall, Esq.

www.ndhlaw.com

[email protected]

(407) 412-7035