Legal Question in Family Law in Florida

I've been planning a vacation to go to my family reunion out of state for over a year now. However my husband and I have been going through a very tough time and are in counseling. I ask him several months ago not to come with us because we can't get a long and I need sometime away. During a counseling secession the other day he brought it up and said he would flatten all four of my tires before he lets me leave with our girls. Is it a against the Law in Florida to take your kids on vacation without the other parents permission? Is this considered kidnapping?

Asked on 9/11/12, 8:49 am

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

No this is not considered kidnapping.

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Answered on 9/11/12, 9:47 am

Elliot Goldstein Law Offices of Elliot Jay Goldstein

Unless a divorce, or custody case, is pending before the Court, basically either parent can do as he/she wishes regarding the kids. There is nothing illegal about either parent taking the kids out-of-State on vacation. However, so at to protect yourself, I suggest promptly sending him an email, or text, telling him that you will be taking the kids on the vacation as planned, but that you will be returning with them by a certain date. This will somewhat cover you in case he runs to the Court house, and files for divorce as soon as you leave. He might make representations to the Court that you took the kids never to return. If the Court believes him, an Order to return the kids might be issued. The text/email would serve to prove to the Court that he knew that you were going to return with the kids, and that this was a long planned vacation.

If the marriage is salvageable, then try your best to save it. If not, file for divorce.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

Contact me to schedule a no obligation office consultation.

Sincerely, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 9/11/12, 9:47 am

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