Family Law (Divorce, Family Relations)/Divorce
QUESTION: I currently have a divorce cause pending in FL but is wanting to relocate to TX. I am also pregnant. I needed to relocate for several different reasons: 1) Pregnancy complications 2)safety-Have an injunction for protection against domestic violence 3) Getting help with child post-partum 4) Job offer is also being considered. Can I relocate without any penalities before the divorce is final? Can the parenting plan and other issues pertaining to the child be established in TX since I will give birth ehere (the child would also live here)?
ANSWER: Hi Melissa, you have an interesting situation but under the current Florida statutes it would be my opinion that you could relocate without immediate legal concern prior to the birth of the child (which I assume is a child of your current marriage). If you move prior to the birth of the child Florida will not have jurisdiction over the child and the state you reside in immediately after the birth will have such jurisdiction. If however, you submit the question of a parenting plan to the Florida court you run the risk of that court ordering the return of the child to Florida with or without your accompaniment. Basically, the divorce will need to remain under Florida's jurisdiction but the parenting plan issues and any order regarding the same should be placed under the jurisdiction of the state you relocate to.
I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
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QUESTION: We, during mediation asked the court to reserve judgement on all issues involving the child. Do it means that they would have jurisdiction or my new state?
Jurisdiction over the child is subject matter jurisdiction and the parties to a case cannot assign nor agree to give a court subject matter jurisdiction where it does not already exist. If you move and give birth to the child in another state it is my opinion that Florida would lack subject matter jurisdiction. Upon your relocation you would need to file a motion to dismiss all actions pending in the Florida court related to the child with the exception of child support which could continue in Florida due to the father's connection with the state. You would be well advised to retain an attorney regarding the motion to dismiss as this is a very complicated area of the law.