Ask a Lawyer: Moving to another state

Question:

My wife and I moved to Florida 5 months ago from New York which was her idea. Now things dont seem to be working out and we have talked about divorce. She is saying she is going to take the kids back to NY is there anyway I can stop her from taking the kids to NY??

Answer:

I am not licensed in the State of Florida and therefore cannot answer your question specifically to the laws of that State. You need to check the residency requirements for Florida to file for divorce in that State. If it is less than five month, get a divorce and request for temporary custody on file. Have her served with the papers before moving back to New York and filing in that location.
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