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sec1023 · Jan 6, 2009, 10:22 PM

My husband and I have been legaly separated for almost 3 years and have agreed to do rotating custody which he broke last year for 3 months when he left the state but now he's back and I want to move out of Florida to be near my family for help and a job. Am I allowed? We have no divorce decree or pending case. What are the legal ramifications?

stevetcg · Jan 7, 2009, 05:42 AM

If there is no custody agreement in place you are free to do what you choose. However, if he files for custody before you move then it becomes another issue.

JudyKayTee · Jan 7, 2009, 06:35 AM

Originally Posted by stevetcg

If there is no custody agreement in place you are free to do what you choose. However, if he files for custody before you move then it becomes another issue.

- And OP is legally separated. This should have been covered in the Separation Agreement (at least it is in NY where the Separation Agreement is incorporated in the divorce).

JudyKayTee · Jan 7, 2009, 06:56 AM

[QUOTE=Comments on this post
stevetcg agrees: I was basing my answer on the assumption that there wasnt a custody agreement in place because if there were the question would be covered in it..[/QUOTE]

Point taken - what State?

I'd also ask OP if child support is covered in the agreement - if so, it should be a package: support/visitation/custody (again, in NY and in a perfect world).

Either party (after the appropriate time frame for the particular State) can simply file for divorce and incorporate that same Separation Agreement, no new negotiations, so with competent Attorneys, this should have be covered.

(Note the use of the word "should" - :)

ScottGem · Jan 7, 2009, 07:46 AM

You need to read your separation agreement carefully. Since that agreement was ratified by the courts, you can't do anything to modify that agreement without court approval. Even if your husband broke it first.

cdad · Jan 7, 2009, 08:01 PM

Originally Posted by sec1023

my husband and i have been legaly seperated for almost 3 years and have agreed to do rotating custody which he broke last year for 3 months when he left the state but now hes back and i want to move out of florida to be near my family for help and a job. am i allowed? we have no divorce decree or pending case. what are the legal ramifications?

1) don't go anywhere till this matter is settled.
2) you need to go back to court and finish this.
3) Should you leave and he allows it. Which he might and then its his turn for visitation keep in mind that without orders of the court he could keep the children.
4) you must have something pending because you filed for legal separation and depending on where you live there may be time limits on how long that can last.