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

Asked 8 months ago - 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. Robert P Garven

    Contributor Level 17

    3

    Lawyers agree

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

  2. Brent Allan Rose

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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),... more
  3. Michael Costantino

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . 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... more
  4. Leisa Morrill-Wintz

    Contributor Level 5

    1

    Lawyer agrees

    Answered . 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... more
  5. Leticia Dieppa

    Contributor Level 6

    Answered . 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.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Adultery: When Your Spouse is Unfaithful

Adultery is when one or more parties involved in sexual relations are married, but not to each other. It is a leading cause of divorce.

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