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Can I file for divorce in Michigan and move out of state with child?

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I live in Michigan with my husband. We have a child(son) together. I would like to get divorced and be able to move to Florida. I have a daughter from someone else. Myself and my daughter have no family here. My husbands family never sees the children or babysits. My mom in Florida has offered to babysit for free to help me financially. Florida's law state that you have to be a resident 6 months before filing divorce which I am not. What should I do? If my husband files in Michigan first, am I stuck here?

Asked 11/5/2009 under Divorce, Marriage, Alimony | 510 View(s) | More Legal Topics

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Akiva Goldman / GOLDMAN & ASSOCIATES Answered 2 years ago | Contributor This attorney is licensed in Michigan

You're not stuck but you need court approval to relocate with a child. The court will have to be satisfied that the change of domicile is in the best interest of the child. Baby sitting availability and financial assistance may be considered by the court but there are other factors. The court will likely look more favorably at such a request if it explains how you plan on making up the visitation to your ex-husband who, because of the move , won't have standard visitation. If you  need further assistance please give us a call  . 586   268-2400

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