Under Florida's Relocation Statute, you must get the consent of your husband or permission from the Court. The first step is to file a Notice of Intent to Relocate and have it served on him. I am unclear as to whether you are divorced already or still married. At some point you will have to deal with the divorce but if you are in an emergency or fearful position and he is an abusive person, the important thing is to make sure you are safe first. Even if you cannot go to Illinois immediately, if you are in fear of your husband you must protect yourself and your children first. If you have to get Court permission, you will need to be able to demonstrate that you have a job waiting for you, that you have the ability to care for the children while doing your job, and in general that the move is in the best interest of you and your children. You really should consult with a family law attorney in yout area, many of the attorneys on AVVO offer free consultations. Good Luck.
B. Elaine Jones, Esq.
B. Elaine Jones, Esq.
Have you been divorced already? More information is needed to assess this question.
Many great attorneys can be found here on Avvo and offer free consultations. Good luck.
/s/ Ophelia Bernal-Mora, Esquire
Law Office of Ophelia Bernal-Mora, P.A.
37 N. Orange Avenue, Suite 500
Orlando, FL 32801
PH: (407) 354-5223
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
There is no magic form that you can find to file and make everything better. You have a complex legal problem which requires the services of a professional. Florida Family law forms can be found at flcourts.org
R. Jason de Groot, Esq., 386-337-8239
If you are not divorced and there is no court order regarding the kids you can leave Florida with impunity in so far as the Florida relocation statute is concerned. Problem is about that time your husand will file a divorce case and the judge can and will probably make you come back. Failing to do so might cost you a custody case. Additionally since you have probably lived in Flroida with the kids more than six months FLorida is their home state under the terms of the Uniform Child Custody Jurisdiction and Enforcement Act. That means Florida is the only state where parenting issues can be determined anyway. Conclusion - stay in Florida and resole your legal issues. Incidentally the Florida relocation statute is tricky and you're going to need a lawyer to help you with it. If he has a lawyer and you don't you will be at a severe disadvantage.
This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client relationship.
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