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Can my husband leave with our daughter?

Seminole, FL |
Filed under: Divorce

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


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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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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 to address the specific circumstances in your case and to explain the options you have. The information above is for informational purposes only, and providing it does not establish an attorney-client relationship. Good luck.

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

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