Legal Question in Family Law in Florida

My wife and I are planning on getting a divorce. She wants to move to TN to be closer to family. We currently live in FL. What are my rights if she takes him up there and keeps him up there against my wishes? We still live in the same house currently. If she takes him up there and keeps him up there does it count as Parental Kidnapping? Do I have any legal right to keep her from doing this? I know planning before she leaves is one thing, but I have told her I am ok with her taking him up there for a few weeks for vacation, what if she decides to not come back? How would that be handled?


Asked on 2/18/10, 3:24 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Without an Order from the court indicating parenting time and residence, your spouse has just as much legal right to your child as you do. If you want to prevent this from happening you should contact and attorney and get the divorce proceedings started asking the court for a temporary Order regarding parental rights.

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Answered on 2/24/10, 6:30 am


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