Legal Question in Family Law in Florida

My wife and I have been going through some rough times in our marriage lately, and the word divorce has been thrown around a few times. We tried a separation for about a week, which I thought was going great, but she begged to return home and threaten to take our daughter out of state if she couldn't. Currently we live in Florida and have a 7 month old daughter together. We both have jobs here and a rental house. My extended family is here and her's is in South Carolina. Well, last night she had asked me again if I still wanted a divorce and that if we were to she would have to go to SC and would be taking our daughter. Is it legal for her to take our child out of the state of FL without my consent?


Asked on 4/08/11, 3:35 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

as long as you are married, yes. If you file for divorce, then NO because then there will be a Standing Family Law Order in place. However, she can ask at that time to leave the state with a court order on the basis of her family and support unit is in another state. She will probably be granted that order on that basis. Unless there is some other reason that she should not be granted the order, such as not being able to see your daughter and the bonding of father of daughter and that your family would lose their relationship with the child .....you see where this is going. Also, is there some possibility that your wife is on drugs, not a good parent, etc.

I suggest you get a good family lawyer ASAP.

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Answered on 4/08/11, 4:58 am


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