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  1. #1
    Shelly1308 Guest

    Still married, technically - can I leave the State with my children?

    What is the name of your state? Florida
  2. #2
    nextwife is offline Senior Member
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    Jan 2003
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    You need way more background info than what was posted.

    Can you leave to shop at the Mall of America for the day, or can you leave, meaning relocate?

    Are any temporary custody/visitation orders in place?

    If you are speaking of relocating out of state, you will not be able to file for divorce/custody in your new state until you establish legal residency there under that state's laws.
    Last edited by nextwife; 07-06-2004 at 09:55 AM.
  3. #3
    Shelly1308 Guest
    I am still married and considering move to home state. We are not even legally separated. The only papers I have for custody is what is on a restraining order. I will file for divorce in the new state when my residency is established. Can I leave Florida with my children?
  4. #4
    stealth2 is offline Senior Member
    Join Date
    May 2002
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    44,554
    You should expect that your husband will file for divorce and custody in FL as soon as you leave. Probably also an emergency temporary order requiring you to bring the kids back immediately. Sort the divorce out first.
  5. #5
    nextwife is offline Senior Member
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    Stealth is right. Do you really believe your husband will sit on his hands for months while you establish legal residency somewhere else, and allow THAT state to have jurisdiction? He'll file in FL before that happens, and, if so, and as long as he is there, FL will retain jurisdiction.
  6. #6
    adonahee Guest

    Agree with above! Get divorced!

    There was a story posted not long ago from a woman who fled the state with her child to escape abuse. Her ex filed for custody in the state they fled from, found her, took the child (with police help since he had custody papers), and now SHE hasn't seen the child because there was no visitation agreement. Think about it! Don't jump the gun - Get your situation in order first.

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