QUESTION
Could I get in trouble if my husband and I aren’t getting along and I want to move with my mom who lives in another state?
Asked on Nov 01st, 2016 on Child Custody - Florida
More details to this question:
My husband and I don't get along. We just recently had our baby girl last Wednesday. Yes, I let him put his name on the birth certificate because I thought he would step up to the plate and become a father but no. He doesn't help with the baby at all. He drinks and smokes pot every day. Even when I was in labor for 20 hours, I had to stay up all night with the baby because he wanted to get some sleep. You probably are wondering why I didn't leave before I had the baby. I thought he would clean up his act when he met his daughter. Please help me out. I want what's best for my baby girl.
3 ANSWERS
John Arthur Smitten
You have to get a court order prior to moving out of state.
Answered on Dec 07th, 2016 at 5:22 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, you can be forced to return the child to Florida if you leave. But it seems to me that what you need most is to have a full discussion with a local family lawyer before you do anything at all.
Answered on Dec 05th, 2016 at 4:31 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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While there is no court order or judgment in place at the moment that would prevent you from leaving, Florida has a stringent relocation statute which is generally strictly enforced. If you leave with your child without first complying with the relocation statute, he could file a dissolution of marriage action and seek to have the child returned to this jurisdiction. If the marriage is over and counseling won't help, you should consider filing an action for dissolution of marriage and seek to relocate with the child in that action. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Dec 05th, 2016 at 4:31 PM