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Can adultery prevent me from relocating with my kids out of the country?

Hollywood, FL |

Our divorce documents state that the separation was because of "irreconcilable differences" but my ex-husband is threatening me by saying that in court during the relocating case he will prove that I cheated on him and that that makes me an unfit parent. Is that the case in Florida?

Attorney Answers 5


  1. No. Nothing in divorce is that one-dimensional or that cut-and-dry.


  2. Unless the cheating somehow involved the kids, which is pretty hard to imagine, nobody really cares what your "irreconcilable differences" were (in Florida, we say the marriage was "irretrievably broken," which means the same thing). Adultery almost never affects a divorce, and I have no idea how it could affect a relocation. Of course, getting permission to relocate kids outside the country is almost impossible, but I'll let you discuss that with your lawyer. You do have a lawyer, don't you?

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!


  3. The State of Florida could care less about who you are sleeping with. Having an extra-marital affair does not make you an unfit mother.

    This message does not establish an attorney-client relationship. I do not represent your interests. Any advice given is based upon the limited facts you have presented which may be incomplete. This is a general response and should not be relied upon as legal advice. It is my hope and advice that you will consult with a local attorney.


  4. Having an affair does not make you an unfit parent. Relocation is governed by statute in Florida which list 13 factors that the Court must considered. I posted a link to the Statute below. Mostly it has to do with the best interest of your child, your ability to maintain the child's contact with the other parent from the new location and why you are moving.

    The above is for informational purposes only and intended to be educational in nature based upon the general laws of Florida. Each case is different and specific facts may change the information provided. This post is not intended as legal advise and an attorney client relationship does not exist.


  5. Florida is a no-fault state. That means that you do not really need to have a reason to get divorced (i.e., adultery, etc.) which means that it does not matter what those "irreconcilable differences" were. Having an affair does not make you an unfit parent. The court takes many factors into consideration when determining a contested relocation case. Some of these factors for example include: the child's relationship with both parents; parent proposing relocation; the preference of the child (if old enough to have a preference); the ability to preserve the relationship with the non relocating parent, etc. But none of the factors include adultery of the parents. Good Luck! You might want to hire cancel for the relocation Hearing/Trial.

    Best Regards,

    Leticia Dieppa, Esq.

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