Legal Question in Family Law in Florida
I am currently separated from my husband. We have 2 kids. We are moving forward with getting a divorce but have not started any of the papers yet. I would like to move out of the state of FL to TN WITH my children. I know my soon to be X will not be supportive AT ALL. my question is, should I continue forward with a divorce and finalize everything before I move and then try to take my kids out of state or move first before any papers are filled with the state of FL. My goal is to keep my children with me!!!
3 Answers from Attorneys
You will need to file a Petition for Dissolution simultaneous with one requesting permission to relocate. You will need to consult with a attorney about your options.
I disagree with the other attorney who answered. If one of you files for divorce, you are forbidden by Florida law from moving your children more than 50 miles from your current home without your husband's consent or a court order. If the divorce is filed, in order to move, you must follow Florida statute 61.13001. If no divorce or other court proceeding is pending, you are permitted to move your children without your husband's permission or without a court order. However, what often happens when one spouse moves children is that the other spouse will immediately file for divorce and ask the judge to order the children back to Florida under the statute I mentioned. You should speak with an attorney before you take action to move your children.
You have to get a court order or the husband's written consent before you move.
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