Legal Question in Family Law in Florida

Moving Child out of state

I am separated from my wife but it is not a legal separation. We have verbally agreed to joint custody. She has just informed me she plans on moving to NY with my son. She cant do this, can she?


Asked on 10/24/07, 9:15 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Moving Child out of state

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No. She needs to have court permission to move with the child from the State of Florida. You should immediately meet with an attorney and get the attorney to file a lawsuit to determine custody. Once the court is involved, she will not be able to leave Florida without a court order or she will face being held in contempt of court. If you allow her to move to New York and she later files a lawsuit there, you will have to defend the action there which will be very costly and certainly not practical for you.

Scott R. Jay, Esq.

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Answered on 10/24/07, 11:12 am


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