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CAN A SPOUSE WITH CHILD LEAVE THERE STATE BEFORE DIVORCE PROCEEDINGS HAVE TAKEN PLACE , WITHOUT OTHER SPOUSE AGREEMENT.

Tampa, FL |

MY WIFE STATES THAT SHE IS LEAVING THE STATE OF FLORIDA WITH MY THREE YEAR OLD GIRL PLEASE ADVISE ME OF MY RIGHTS MY DAUGHTER WAS BORN IN FLORIDA AND AS OF YET WE ARE STILL MARRIED , MY WIFE STATES THAT SHE ALREADY HAS RESIDENCY IN OTHER STATE

Attorney Answers 7


  1. Dear Sir - The state of Florida has a relocation statute that must be complied with before any parent is allowed to relocate more than 50 miles from the other parent. The parent desiring to move must serve the other parent with a Notice of Intent to Relocate and you have a certain amount of time to respond usually is 20 days. Basically, your Wife cannot legally leave without getting your permission or the consent of the Court. Call my office at 813-681-8383 for a free consultation and we can discuss your case further.

    Sincerely,
    B. Elaine Jones, Esq.


  2. Generally no. If a petition for dissolution of marriage is already entered, your spouse may not move the children to another state (or anywhere further than 50 miles) without first filing a petition to relocate with the court. Alternatively she may get your agreement and ratify it with the court, but that's not likely to happen.

    I recommend you obtain (if you have not already) a family attorney who will address this and get the court to order her to remain in Florida with your daughter.

    Best of luck to you.

    DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Jimmy Allen Davis, P.L.. We encourage and welcome you to contact us about your legal problems and visit our website at www.lawofficesofjimmyallendavis.com or email me at jimmy.davis.esq@gmail.com.


  3. If neither of you have filed for a divorce, then there is not an Order from the Court binding either of you to any restrictions. With our without a lawyer, you need to file a Petiton for Dissolution of Marriage with Minor Children AND have your Wife served. If she leaves after being served, then she is in direct violation of the Court's Order.

    Your Wife's residency is not as important as which state is considered the "home state" of the child. You need to schedule a consult with a family law attorney as soon as you can. Many firms will offer a free consultation.

    Brian Arrighi, Esq.
    Boss Arrighi & Hoag, P.L.
    Tampa, FL
    813.251.2921


  4. Florida Statute 61.13001 governs relocation of children. Absent consent of both parties a Petition for relocation must be filed with the Court. The parent opposing relocation has 20 days to respond, and then a relocation trial is set.
    Section 6 applies to your situation:6) TEMPORARY ORDER.—
    (a) The court may grant a temporary order restraining the relocation of a child, order the return of the child, if a relocation has previously taken place, or order other appropriate remedial relief,
    Contact a local attorney through your local bar association or use Avvo Find A Lawyer link, to file a restraining order. Good Luck

    ** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC, www.karenmunzer.com, E-Mail: kmunzerlaw@aol.com , Tel: (305) 654-4444.


  5. With no divorce case filed or pending Mr. Arrighi's answer is the only one which is correct. The other answers all presume there has already been a divorce or that one is pending in Florida.

    This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client relationship.


  6. A spouse cannot leave without your written consent or a court order. Contact my office for free consultation 727-446-7659


  7. Florida has a "relocation" statute which sets forth the procedure and also the criteria a court will need to evaluate to determine if a proposed relocation is in the best interests of a child. However, if no action is pending for divorce or any other proceeding for the establishment of a parenting plan with time sharing, then a parent does not violate the relocation statute if he/ she moves without court permission. But this is not the end of the matter. Let's say Florida is the "home state" of the child because no other state has jurisdiction and the child has been living in Florida for at least the past 6 months. If a parent takes off with the child to another state, Florida does NOT automatically lose it's authority (jurisdiction) to make findings and rulings regarding the subject Child. Also, I would use the Mother's unilateral decision to relocate without your permission as a fact against her in determining the best interests of the child under the statute section dealing with the establishment of time sharing (not the same as the relocation statute section). Your Wife's residency in another state does not give that state jurisdiction over the Child. Only the "home state" of the child can determine custody (or what we, in Florida, call time sharing). If you need additional information, please do not hesitate to call upon me for a free initial consultation. I do practice in the tri county area of Pinellas/ Hillsborough/ Manatee. Thank you.

    The foregoing is not intended as legal advice. In order to provide you with legal advice and/ or an informed, expert opinion, I would need to gather additional information. If you are desirous of legal advice and representation, please feel free to call my Office for a free initial consultation at 727/ 895-5858. Thank you.