Full question:
My niece lives in Florida. She and her husband are separated (have no legal agreement). They share custody of the children. She has a chance to go on vacation to Hawaii with friends. She will not be taking the children with her. Her husband will be taking care of the children. Her husband says she can't leave the continental United States. Is that true? He also says he can accuse her of abandonment. Is that true?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: Florida
Answer:
Abandonment may be actual or constructive. In family law, constructive abandonment occurs when one spouse refuses to engage in sexual relations with the other spouse for a period of one year. Actual abandonment typically requires leaving the marital home with an intent to not return.
The freedom of travel is an important constitutional right and generally a person is free to go where she pleases as long as not in violation of a court order, such as a condition of parole or restriction in a divorce decree.
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.
