Can my husband leave with our daughter?

Asked over 3 years ago - Seminole, FL

My husband and I are on the verge of separating. He is threatening on taking our daughter with him when he leaves our home. can he legally do that? If he does what do I need to do?

Attorney answers (3)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . I am so sorry to hear this. You can go to your local probate court and get an order to stop him and to schedule parenting time for both of you. The court is there to help. You should go in advance if you think he is going to take her that way if he does, he can be found in contempt of court and your case is stronger in the future. I strongly recommend you contact a local Seminole attny to help you. Good luck and take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Daniel C. Oliver

    Contributor Level 12


    Lawyer agrees

    Answered . Unless/until there are ongoing legal proceeding involving the custody of your daughter, there is nothing in Florida law prohibiting either parent from relocating with a child in or out of state. So if you want to stay in Florida with your daugther, I believe the best course wouId be to file for divorce, or some other case that involves the custody of your daughter, as soon as possible before your husband moves. This will invoke Fla. Stat. 61.13001, which provides protections to parents on relocation issues and dictates how the court will handle this issue.

    This is something you definitely want to have an attorney help you with. And as a minor correction to the prior attorney's response, these proceedings would take place in the domestic relations division of your local court, rather than the probate court.

    Good luck to you.

    I suggest you speak to an attorney in your area who has experience in family law. That attorney would be best able... more
  3. John Arthur Smitten

    Contributor Level 18

    Answered . You take the kid. then file for divorce. Get aggressive.

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