Preventing Relocating Children in a Broken Marriage

by Berny from Tallahassee, Florida, Leon County

Preventing Relocating Children in a Broken Marriage: I am a 22 year old male and married with a three year old and a one year old. I love my kids. 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 left 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?

Answer to Florida Child Custody Question

Dear Berny,

You are married to the mother and so you have a right to see your children.

My suggestion is that you move quickly and file for divorce and request that the court prevent her from relocating with the children.

Florida has a strong bias toward shared parental responsibility and want for both parents to be part of their children's lives.

The laws in Florida are clear about parental relocation with children, enforcement of that law, however, is sometimes difficult.

Once you go to court and request visitation and make it known to the court that she does not have your permission to relocate with the children, you have a far better chance of preventing her from taking off with your children.

Some judges are very strict in enforcing the laws about parental relocation with children, other judges are not.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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