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Military wife seeks separation and custody of child

Military wife seeks separation and custody of child

Full question:

I am a resident of Iowa but married to military personal and live in Florida. I had a child in Florida but paid taxes last year to Iowa and his place of residence. I want a legal separation and take my child out of the state of Florida and move home without having my husband say I have kidnapped my child. What do I need to do to leave with my child and file separation?

Category: Divorce
Date: 04/07/2025
State: Iowa

Answer:

First, you should contact a women's support group in Florida. I have linked the Florida Womenslaw.org website and others for your use. Florida has adopted parental kidnapping statutes. From my brief review, I can't determine if these states apply during marriage or only after separation or divorce, either pending or final. You need the advice of an experienced Florida lawyer. I have linked both the Florida Womenslaw.org and the US Legal.com lawyer referral webpages for Florida divorce or family lawyers.

Please see the Florida aardvarc.org website linked below. The Florida Womenslaw.org website appears to be most likely to lead you to a no-cost or low-cost Florida lawyer.

Best wishes to you and your child.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the military Spousal Relief Act?

The Military Spousal Relief Act provides certain protections for military spouses, particularly regarding taxes and legal proceedings. It allows a military spouse to maintain residency in their home state for tax purposes, even if they move due to military orders. This means that a spouse can file taxes in their home state rather than the state where they are currently living. Additionally, it can affect jurisdiction in divorce and custody cases, ensuring that military families are not unfairly disadvantaged due to frequent relocations. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What determines state residency for the military?

State residency for military personnel is typically determined by their home of record, which is the state listed on their enlistment documents. However, military members may also establish residency in a new state based on where they are stationed. Factors like where they pay taxes, register to vote, and maintain a permanent address can influence residency status. Importantly, military spouses may also claim residency in their spouse's home state, providing certain legal protections and benefits. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Can military spouses be residents of different states?

Yes, military spouses can be residents of different states. A military spouse may choose to maintain residency in their home state while the service member is stationed elsewhere. This is particularly relevant for tax purposes and legal matters. Additionally, some states offer legal provisions that recognize the residency of military spouses, allowing them to access benefits and protections in their state of residence. It’s essential for spouses to understand the implications of their residency status, especially in custody or divorce cases. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*