florida;womenleavinghusbandandtryingotakekids!

[CARINGAUNT]

I live in the state of Florida and I have a few questions. Let me tell you the situation first.
My brother married a women who already had 4 kids from 2 different men. They had 2 kids together and my brother loves all of the kids like they are all his own. His wife has been talking to guys on the internet and meeting them too. We believe she has already cheated on him with one of these men she has talked to on line. She has told her kids that she is leaving their dad and moving all the kids with her to South Carolina. I know my brother does not want to loose any of the kids but I want to help him fight for his two biological children. What rights does he have as far as not letting her take his two children out of the state of florida? Is there anything he can do to keep his kids with him until a judge says other wise? I dont want my niece and nephew to be away from their dad or my side of the family and I know that if she gets them out of the state we will never see or hear from them again! Please help me!!!!! I'm desperate.

 

[dorenephilpot]

I'm an attorney in Indiana, so my answers will reflect Indiana law, which may be diffferent from that in Florida.

The COURT will decide whether she can move to South Carolina and take the kids with her. If she moves without court permission, she runs a very high risk of losing custody of the two children she had with your brother.

Courts want BOTH parents to have a meaningful relationship with both parents, which is very difficult if they live more than 100 miles from each other.

If his wife had a super job offer in the new state or could show a MUCH better environment for the kids, the judge might approve the move. Otherwise, the judge is going to want her close by so that their father can stay in their lives.

Tell him that if he decides to file for divorce, he needs to get an attorney and tell the attorney of her plan to leave the state.

There are now laws in place to keep parents from benefiting from "stealing" their kids and moving to another state.

If he files for divorce, he also probably needs to ask for custody and request supervised visitation for her w/the children, given the threat of the move....

He definitely needs a lawyer involved, though....