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Question: Divorce, Marriage, Alimony - Florida

Asked on 11/6/2009

Can I leave the state with my children?

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.


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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


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.



  • Answered on 11/6/2009
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