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Can I Keep My Foreign Citizen Spouse from Taking Our Child Out of the Country in My Florida Divorce?

Suppose your spouse is a citizen of a foreign country and your marriage is not going well. Your child has a U.S. passport and you fear that your spouse will sneak out of the country with the child. Your Florida divorce lawyer can advise you how to protect yourself from potentially never seeing your child again.

The first step would be to express your concern in a document filed with the court without notice to your spouse asking for an order temporarily giving you sole custody of the child. The court can sign the order and then set a hearing where your spouse can express the opposing position.

After the court makes the order effective through the remainder of the case, your expert divorce lawyer can then follow procedures of the U.S. Department of State to make sure that your spouse cannot obtain a new passport for the child, even by saying that the original was merely lost.

Bottom Line: There are steps you can take to avoid the unspeakable horror of never seeing your child again.

(copyright Stann Givens 2009)


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Florida requires an equitable distribution of the marital property (what is fair, not necessarily equal). Each spouse keeps the property and debts that belonged to them before the marriage. Each spouse also keeps any property received as a gift or inheritance, or any property that the spouses agree to divide in a written agreement. Any property that was acquired before the spouses married or that was received as a gift or inheritance is not considered marital property. If the spouses cannot come to an agreement, a court will divide the property and the debt.
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"A Plain English Guide to Protecting Your Children"

Author: Mary L. Boland, Attorney at Law