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Wife wants to leave the state with my kids

I'm a 22 year old male and married with a three year old and a one year old.

My Wife recently asked me to leave because of the numerous arguments we have had in the last two months. She asked for a separation so instead of her leaving I let her and the kids stay in our apartment. I went to live with my parents.

I asked her to get counseling she agreed and after I went into my boss's office and asked for the papers for the company's mental health care counselor I took them home and she threw them in the garbage and say no never mind its over!

She is now wanting full custody of the kids and to move them to another state. I'm so stressed out I don't know what to do. I need and want desperately to be in my children's lives. What are my options and what are the laws in taking Children out of state?

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Wife wants to leave the state with my kids

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Parental Relocation with Children
by: FALDP Staff

So sorry to hear of your situation. Keep in mind, we are not attorneys, and this is not meant to be legal advice. We checked the Supreme Court's site, www.flcourts.org and as far as we can tell, there isn't much you can do unless you are ready to file for divorce. If you are ready to file for divorce, then Florida would most likely still be the correct jurisdiction. (Most states have a six month requirement to establish residency). Even if she moves to another state, before you can stop her, a judge may be able to compel her to return to Florida so that a reasonable parenting plan can be established.

After you file for divorce; and once your divorce petition is pending, if she moves out of state anyway, she may be in violation of Florida Statute 61.13001 - Parental relocation with a child

(3)PETITION TO RELOCATE.?Unless an agreement has been entered as described in subsection (2), a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child.

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