Q: I’m married with a 4 year old child. My wife wants to separate. move to Florida and take my daughter. She wants me to

A: This could be done straightforward basis except for the part about it not being permanent. After about 1 year, the child's home state becomes FL. and your chances of achieving your objective diminish substantially. You should probably rethink this entire situation. There is no easy answer and as a father with two daughters (much older) who went through a very similar situation, I would think twice. I am not going to discuss my personal situation, suffice it to say I regret allowing it to happen. Good luck.

A: This sounds like a difficult decision at an emotionally charged time. I would strongly recommend taking a pause before consenting to the move. When parties are going through a divorce, it can sometimes feel easiest in the short term to just agree and minimize conflict. However, long-term, just agreeing may not be what’s in your best interests or importantly, what’s in the child’s best interests.

When parties do agree to a relocation as part of a divorce or custody dispute, typically provisions for parenting time for the other parent are included in either a consent order or marital settlement agreement. Usually, if the child is school age, the parties can agree for one parent to have custody during the school year while the other can have custody over school breaks and over the summer. This can allow both parents to have time with the child, notwithstanding the limitations posed by the distance between them.

I hope this helps as you navigate this process. I would also recommend scheduling a consultation with a family law attorney who can walk you through your options and potential consequences.

Disclaimer - This answer is for general information purposes only and does not constitute legal advice or the formation of an attorney client relationship.