Can I move out-of-state without my husband's approval?
Question Details:
I am sober for two years and husband is still an alcoholic. We have been married since 2002. He cheated on me and that was it for me. He is verbally abusive and has been physically as well. I served him with an ex-parte in 04/09 to 05/10 (he is out of the home until then). I had all of the right intentions to move forward, but I am finding it hard because we have an 8-year-old daughter involved. I have family in FL and nothing in MO. I am not even working right now. I have to be home for my daughter. I was told that I do not get alimony and will barely get child support. I have full custody. Can I move to FL without his OK?
Divorce, Marriage, Alimony Law Answers
You can move to Florida without his permission if it is in agreement or coincides with the custody order. You have full custody but does he have visitation rights? If so, your move may cause you to be in contempt of the order by not allowing him to see his child.
There are a few options. If he has been abusive to your child, you may consider a temporary or permanent order against him regarding the child and amending the support and custody order regarding the same. If he has been abusive, the court can prohibit his visitation altogether or require supervised visitation. You should amend any orders because you would be best served to have the court take your side while in your home state (not Florida). The court in Florida, absent extraordinary circumstances, will have to abide by or respect the MO court order.
Further, alimony and child support are based on certain formulations, and if you are seeking it (your child is entitled to support), you may wish to consider those issues while in your home state.
At this point, you should consult with a divorce attorney due to any residency requirements in either state.
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