Hobe Sound, FL asked in Child Custody and Divorce for Florida

Q: I have a question about moving out of state with my children when my husband and I separate.

We just moved from New Hampshire to Florida this past August, so we've only lived here five months. My entire family and support system is in New Hampshire and our kids (9 year old daughter and 3 year old son) both lived there for their entire lives until August. They have not transitioned well and do not consider Florida home. Will I run into problems if I move back with them?

Related Topics:
1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You cannot file for dissolution in Florida unless you have lived here at least six months. Additionally, a Florida court would not have jurisdiction to award child custody or visitation unless the child has lived in this state for six months. If you make sure your husband knows where the children are, you should have no legal impediments regarding moving back to New Hampshire before the six month period has elapsed.

Mr Eric Klein agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.