Can I leave the state with my children?

Question Details:

I was court ordered to stay in Florida for 5 years, from the time of my divorce. Now my time is up, but my ex-husband has now filed a motion to prevent removal of minor children. I have been laid off from my job almost a year unemployed now, house is in foreclosure, and no family here. Can he make me stay legally, just so he can see his kids every other weekend? I have been here so long already with no support system and the boys don't want to stay either.

Asked 11/6/2009 under Divorce, Marriage, Alimony | 608 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

You need to make a plan, right now, about where you want to move:  someplace where you do have family, where there are good schools for the children, and ideally at least a better chance at finding work, if not a job already lined up for when you arrive (difficult, in times like these, I know).  Then, you need to present that plan to the court, when you oppose his motion, and you must do that or the court will grant the order he wants.  A lawyer will be a big help in this.

Many courts are becoming less willing to prevent women in your situation from moving.  You have a constitutional right to your own freedom to live where you please, and if you can show a good reason for a specific move, you might well be given permission to do it, even over your ex-husband's objection.

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