QUESTION
Can I leave the state even if my husband and I are still married and nothing has been filed yet but I recently found out he is cheating and he has a g
Asked on Jan 01st, 2014 on Divorce - Florida
More details to this question:
My only support is down in Florida with my parents and I am currently in New Hampshire. I have nowhere else to go and I can’t afford to pay rent anywhere as I only make $75 a week. I don't work much. We have two girls 5 and 5 months. I applied for a legal aid. What do I do?
3 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Since you live in NH you need to see an attorney there. If you leave for FL, this state will not become the home state of the children until six months have elapsed. There may well be a law in NH that prohibits you from leaving the state, and if you do, the husband can get to court and get it ordered that you must return the children.
Answered on Jan 06th, 2014 at 6:13 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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You need input from a NH family law attorney. Generally, in the absence of a court order or pending divorce case, there is nothing preventing you from leaving with the children and going to FL. However, it is possible that a NH judge could order you and/or the children to return to NH pending a hearing on your ability to leave. Laws can vary between states, so you should consult a NH attorney to learn if it may be more prudent for you to file or take some action before you leave, to obtain permission from the court to do so.
Answered on Jan 06th, 2014 at 6:13 AM
John Arthur Smitten
Generally you need a court order prior to relocating.
Answered on Jan 06th, 2014 at 6:12 AM