In Florida can a woman take her child out of state without consent of her husband and the child's father if no legal separation, divorce or child custody has been court ordered?

No that can not happen unless it benfits your child

If the parents are married then each parent has equal rights to the child so yes she can bring him/her out of state as much as the father can go get the child and bring the kid back. Is there going to be a separation/divorce? I'm not sure why this question would be asked unless there is a pending problem with the relationship.

There is going to be a divorce but nothing has been filed as of yet. The woman has never filed any custody papers nor has their been a problem with visitation till now.She has currently found another guy and wants to go from Florida to Wyoming with the child and will not give the father any say on whether she allows him any more visitation. He has been supporting the child ever child was born as in buying diapers and clothes and making sure they are both taken care of even without a court order he just wants to be able to have visitation with the child to make sure she is OK after the wife tried to commit suicide in a car. Thankfully the child was not in the car with her.

Well then he needs to get to court ASAP! He should have done that as soon as they separated but I realize you can't go back in time so he has to make up for lost time now. Once she leaves it will be that much harder. He has to go to court to get visitation ordered at the least. While he is there he may as well get the legal separation papers started just to save a trip. He can start all this with out a lawyer if he does not have one but may want to get one if he dosen't have the time to get everything accomplished that will need to be done.

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Originally Posted by jessyka

no that can not happen unless it benfits ur child

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This is incorrect legal information.

The parents have equal rights to the child and either one could leave with the child.

Others have answered correctly.

As stin said, he needs to go to court immediately and get a temporary custody order that bars her from moving. It may not stop her moving in the long run, but it will be much harder to get her back if she moves before a court order is in place stopping her.

I have told the gentleman and he is going first thing in the morning to file for custody and legal separation. Thank you all so much for these answers yes they are have helped immensely