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Custody

I would like to start divorce proceedings. I wish to relocate back to NY with my child . I have job opportunities as well as an extended family network. I have always been the higher paid as well as paying for all health benefits. My husband wishes to remain in Fl. I would allow all possible visitation. Do you think I have a case?

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Attorney answers (1)

Reputation Level 14
Please do not take my answer as direct and specif legal advise to you, since I am not your hired attorney, but as general information to your question. You should always have a more in-depth consultation with a lawyer outside this forum for legal advise. That said:

Please read florida statute 61.13001 carefully before you move the child out of Florida!!! You can find that law at www.flsenate.com. It specifies what you must do before you remove the child from Florida. There may be two ways to do that, by mutual consent (agreement with your husband) which is then approved by the court, or contested (hardest way). You may have a good case to remove your child to New York, but you must prove to a judge the factors shown in that statute if the child's father refuses to agree to let the child move permanently to New York. It is very detailed.

I hope the answer helped!

Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
2996 Edgewater Drive,
Orlando, Fla. 32804
Ph.: (407) 649-1404
Fax: (407) 649-9890
Electronic address: ALopez2827@cs.com
Licensed to practice in Florida only

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