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Comments for 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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