IfI’m not divorced yet but I would like to be seperated and my family lives 2 hours away, do I have the right to take the children with me to live for a while?

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IfI’m not divorced yet but I would like to be seperated and my family lives 2 hours away, do I have the right to take the children with me to live for a while?

Asked on December 13, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You and your spouse have the same rights to custody and visitation of your children.  With that right comes the right to not be hampered in access to your child in any way.  Your spouse can agree to allow you to make the move and yo can agree on the particulars of visitation - drop off, pick up, etc.  But if your spouse objects and raises the issue that the distance would interfere with their right to visitation then you could be stopped from making the move.  Seek legal help.  The facts of your particular situation will also govern the guidance here.  Good luck.


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