Legal Question in Family Law in Florida

couple in florida planning on divorce, neither has filed yet. both are planning to take the minor child out of state without the other's knowledge then filiing for divorce in the other state. both are acting childish, but what is legal issue? can either take the child and run without the other knowing without facing any legal issue?

Asked on 7/10/13, 7:16 am

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm
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First, states have certain laws about how long you live there before you can file divorce. In Florida, for example, you have to live here for six months before you can file divorce. And you have to prove you've lived here by showing an issue date on a Florida driver's license or voter ID usually. Some states have even longer residency periods, like a year or two. So you can't just run to another state and file divorce. Second, Florida has laws against permanently relocating children to another state without the other parent's permission or a court order. Their plans aren't going to work.

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Answered on 7/10/13, 7:23 am
John Smitten Carey and Leisure
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Assuming the home state is FL, you cannot relocate without a court order. Federal Law determines which state has jurisdiction over the case.

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Answered on 7/10/13, 8:38 am

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