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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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My husband is leaving Florida and moving to New Hampshire.

Resolved Question:

My husband is leaving Florida and moving to New Hampshire. We have agreed to make this a separation. I have a two year old daughter. I would like to move us back to Minnesota where I am from, but do not want to make a wrong move in case we end up divorced. I will have a job and housing in place before the move.
Submitted: 7 years ago.
Category: Family Law
Expert:  Tina replied 7 years ago.
Thank you for contacting our JA team for guidance.

If your husband has no interest in taking primary custody of your daughter and nothing has been filed with the court regarding the separation or divorce, then you are free to move out of state with your daughter. After 6 months of residency in MN, you can file a petition for legal separation or divorce from there.

Please let me know if you need clarification by pressing the "Reply" button. If you press "Relist", I will not be notified that you have requested my assistance. .

Best regards XXXXX XXXXX

Tina G


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NOTE: This open forum is for educational purposes only and does not constitute legal advice. It is highly recommended that you seek representation by a local attorney for all legal matters. The state bar association can provide you with attorney referrals. Please remember that I cannot know what you know unless you tell me. There may be important factors that are relevant to your question that I am not aware of in your specific situation, but I will always do my best to be professional, courteous, and prompt.

Customer: replied 7 years ago.
He has interest in obtaining primary custody, but my husband travels 75% of the time. I have been the primary custodial parent since she was born. His job would make it impossible for him to be the primary parent, but I know he still wants to try and make that happen. I just want to make sure that I do not hurt my case should I move.
Expert:  Tina replied 7 years ago.
No. You would not be hurting your case by moving since he is also moving out of state and your are returning to be with your family. These are legitimate reasons for the move and should not jeopardize you receiving primary custody.

All the best to you!
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