Divorce with kids

[Emsly]

Florida
I'm a new resident to Florida, we moved down here for my spouse residency. We had a verbal agreement that I could move back to Utah if I gave it couple more months to work things out. Well I want to leave the state and now that I want leave he is telling me I'm not going anywhere for 3 yrs until he is done. The state of Florida doesn't recognize you as a resident until after 6 months.. so does Florida has jurisdiction over cusdoty if Idaho is technically the kids home state? If I can get him to let me leave the state will there be a chance Florida can eventually order me to move back?

 

[stealth2]

How long have you been in FL, and how do ID and/or UT come into the picture?

 

[Silverplum]

Florida
I'm a new resident to Florida, we moved down here for my spouse residency. We had a verbal agreement that I could move back to Utah if I gave it couple more months to work things out. Well I want to leave the state and now that I want leave he is telling me I'm not going anywhere for 3 yrs until he is done. The state of Florida doesn't recognize you as a resident until after 6 months.. so does Florida has jurisdiction over cusdoty if Idaho is technically the kids home state? If I can get him to let me leave the state will there be a chance Florida can eventually order me to move back?

You can move wherever you like, but taking the children with you is another matter.

 

[Ohiogal]

Florida
I'm a new resident to Florida, we moved down here for my spouse residency. We had a verbal agreement that I could move back to Utah if I gave it couple more months to work things out. Well I want to leave the state and now that I want leave he is telling me I'm not going anywhere for 3 yrs until he is done. The state of Florida doesn't recognize you as a resident until after 6 months.. so does Florida has jurisdiction over cusdoty if Idaho is technically the kids home state? If I can get him to let me leave the state will there be a chance Florida can eventually order me to move back?

Idaho is NOT the children's home state. It hasn't been since you moved to Florida. Dad can file to prevent you from removing the children. And where does Utah come in as "moving back" if you moved from "Idaho"?

 

[Emsly]

Utah is the state I am from and I have lived the almost my whole life. The law states that wherever the children lived last for the length of 6 months would be considered their home state.. we lived in Idaho for 2 years and have been here for 5 months.

 

[Emsly]

How long have you been in FL, and how do ID and/or UT come into the picture?

We've been in Florida fo 5 months so Florida is not yet considered their home state. Idaho is where moved from and Utah is where I was born and raised. My family lives there. I have family and friends in Louisiana and a lot of contacts for work, so I'm considering going there instead because it's only 3 hrs away opposed to 26hr+ to Utah...

 

[Emsly]

You can move wherever you like, but taking the children with you is another matter.

Onbviously I wouldn't go anywhere without my kids and that's why I'm asking about the custody jurisdiction. They are basically in limbo as far as homestate. Because the last state they lived in for more than 6 months was Idaho...

 

[Emsly]

Idaho is NOT the children's home state. It hasn't been since you moved to Florida. Dad can file to prevent you from removing the children. And where does Utah come in as "moving back" if you moved from "Idaho"?[/QUOTE
Our families live in Utah, grandparents, cousins etc...
we. It's grew up in salt lake area

 

[LdiJ]

Idaho is NOT the children's home state. It hasn't been since you moved to Florida. Dad can file to prevent you from removing the children. And where does Utah come in as "moving back" if you moved from "Idaho"?[/QUOTE
Our families live in Utah, grandparents, cousins etc...
we. It's grew up in salt lake area

I sorry, but under the circumstances you really cannot move with the children without either dad's permission or the permission of the Florida courts. You are not moving back to their "home state". You intend to move somewhere else entirely.

 

[Ohiogal]

Utah is the state I am from and I have lived the almost my whole life. The law states that wherever the children lived last for the length of 6 months would be considered their home state.. we lived in Idaho for 2 years and have been here for 5 months.

Wrong. That is not how the law is written. It says IMMEDIATELY PRECEDING. At this point in time there is no home state. But the most convenient would be Florida.

 

[Ohiogal]

Our families live in Utah, grandparents, cousins etc...
we. It's grew up in salt lake area

So? The children's FATHER is in Florida. That is what matters. You don't get to just up and move. Why do you think your wants are more important than dad's?

 

[Ohiogal]

Onbviously I wouldn't go anywhere without my kids and that's why I'm asking about the custody jurisdiction. They are basically in limbo as far as homestate. Because the last state they lived in for more than 6 months was Idaho...

Florida would be the home state at this juncture as no other state is a convenient forum. You don't understand the law.

 

[Emsly]

Florida would be the home state at this juncture as no other state is a convenient forum. You don't understand the law.

I'm not sure why you are getting hostile. I was simply asking if the court could rule in the case even though it is not their home state. I read a lot about home state and they have to be somewhere for 6 months. In order for it to be considered home state. Of course I don't want to take them away from their dad. Louisiana is close enough where they can see him often and I can drive them there if I need to. It's only 3 hrs away opposed to his original suggestion of Utah because we have family there.

 

[Silverplum]

I'm not sure why you are getting hostile. I was simply asking if the court could rule in the case even though it is not their home state. I read a lot about home state and they have to be somewhere for 6 months. In order for it to be considered home state. Of course I don't want to take them away from their dad. Louisiana is close enough where they can see him often and I can drive them there if I need to. It's only 3 hrs away opposed to his original suggestion of Utah because we have family there.

Instead of arguing with a family law attorney here, you could hire one.

 

[Zigner]

I'm not sure why you are getting hostile. I was simply asking if the court could rule in the case even though it is not their home state. I read a lot about home state and they have to be somewhere for 6 months. In order for it to be considered home state. Of course I don't want to take them away from their dad. Louisiana is close enough where they can see him often and I can drive them there if I need to. It's only 3 hrs away opposed to his original suggestion of Utah because we have family there.

Your kids have family where they are.

Ohiogal wasn't hostile. Believe me