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We are not legaly seperated ! Can I leave Florida with my girls?

Asked over 2 years ago - Suwanee, GA
Divorce Family

In August of 2009 I was offered a job in GA. I took the offer - Moved to GA Oct 1 with my 2 girls. We are not divorce and no papers have been file on either part. I had a business in Florida but with the economy I'm force to take this job. He is starting legal papers now - can the legal system force me back to Florida?
Extremely concern
Jo

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Attorney answers (2)

Reputation Level 8
Answered over 2 years ago. Criminal Defense Attorney in Fort Pierce, FL.
No, Florida Courts in a Dissolution of Marriage Proceeding cannot force you to move into or away from the State. The Court does however, have jurisdiction (authority/control) over where and under what circumstances the children of a marriage stay, i.e., with which parent and for whatever percentage of time. If the parents are in different states, both parents will still be encouraged by the courts to spend time with the children, but scheduling of course becomes more complex and cumbersome.
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Reputation Level 14
Answered over 2 years ago. Divorce / Separation Lawyer in Athens, GA.
Just so the point isn't missed: You need a lawyer. Now. While this page is useful for general advice, nobody can spend the time needed to fully evaluate your case. Your case will involve the Uniform Child Custody Jurisdiction And Enforcement Act ("UCCJEA") which is a complex area of custody law. You want an attorney experienced in that area .

Now, to your question. The answer is that the courts can't force you to move. But I am guessing that's not your real question. I'll bet you're asking whether the courts can determine where and with whom your children reside. The answer to that is "yes!" Depending on the facts, how your husband proceeds, and when this cases is filed you may not be able to litigate this case in Georgia. You need a lawyer to help you navigate this complex area of law, and properly advise you.

See the link below, or a lawyer of your choice.

- Chris

*** This is a general interest posting on a public website, regarding general legal concepts. This posting is not, and should not be interpreted to be legal advice to anyone, or to create an attorney client relationship between the poster and anyone. There is no way the amount of information in a website posting could be sufficient for the poster to provide informed legal advice. If you have legal questions pertaining to your situation, you should discuss them with an attorney, in person, and in sufficient detail for that attorney to provide you with confidential, competent legal advice ***
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Interstate Child Custody Lawyers - Timmons, Warnes & Anderson, LLP
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