Can I move back home with my children after I moved to another state to be closer to them?

UPDATED: Dec 5, 2011

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Can I move back home with my children after I moved to another state to be closer to them?

My husband and I are going through a divorce in FL. We are currently in NY. The FL court denied my husband’s action to relocate our children (3 and 4) to NY because of his job transfer. After a long thought out process I decided it would be best if my girls had both parents in their life and so I agreed to move up 5 months ago. We have it written in a document signed by me but it is not finalized. Since being up here he has only allowed me to see the girls 3 days a week per a parenting plan we had together when we lived in FL. Heand his family harass me and shelter the kids from me anyway possible. It is a daily struggle up here. Our divorce was denied by a FL judge last week because I had too many questions; I am not fortunate enough to be able to afford a lawyer. Is it too late for me to return to FL with my girls? And how do I do this legally without getting in trouble? Also, I need a divorce lawyer in FL.

Asked on December 5, 2011 under Family Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

At this point, there seem to be questions that are not listed here and facts that are missing. The Florida court could not have rejected the divorce action because you had too many questions; it may be simply one of the court no longer having jurisdiction if you moved. If you cannot afford a family law attorney, try legal aid or the state bar in the state in which you currently reside and see if those entities can find you low cost or no cost representatin. The bottom line is the court that has jurisdiction over a divorce is the court in the jurisdiction where one or both parents reside and maintain the residency as required by state law. This is under the general rules of civil procedure concerning subject matter and in personam jurisdiction.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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