Moving from Massachusetts to Florida with my children

I am planning on leaving my husband of 16yrs very soon and moving from Massachusetts to Florida where my parents live, I will be taking my two daughters age 11 & 16 with me. My parents live in Florida and we will be staying with them and they will be helping us to relocate and get settled.  At this time my husband thinks where just going for a vacation but I do not plan on returning.  I have given this option alot of thought for many years.  My husband is a functioning alcholic and our home life has been very strained emotionally and physically.  I have consulted a lawyer about my options,  was told if I can get my husband to sign a statement giving permission for me to take our daughters from the state of Massachusetts and relocate with them to the state of Florida I would be safe and he couldn't do anything about it. Then once I'm settled in Florida then file for divorce.  Is this true?  Can I legally do this?  And yes I did get him to sign a letter giving me permission only because he thinks I won't do it right now.  Can anyone please help me???

Can he do anything about the statement that he signed?

Yes, he could repudiate it, say he didn't mean it, that he signed it under duress, yada, yada.  Then a judge would have to decide.

You know him better than we do.  You will need to live in FL for six months before you can file for divorce there.  Is he likely to file in MA before you are eligible to file in FL?  IF so, then it's a MA judge, not a FL one that gets to decide. That means that he likely gets the "home court" advantage.

But, maybe he really does not care and won't fight this one.

The biggest problem here are those six months when he would be able to file in MA, but you won't be able to file in FL.  Fighting a long distance legal battle is expensive even if you have all of your ducats in order.  A judge could make interim rulings, including ordering the return of the children, pending a final custody decision.  No one here can predict what some unknown judge in some unknown state will decide if Dad decides to fight with you over custody and location of the children.

Laymans take:

Yes, you might pull it off--but that said, once Dad figures out you pulled a fast one on him he may well be within his rights to file in MA for divorce and to seek custody of the children AND to compel the return of children to MA pending final custody outcome and to repudiate any agreements or permission he may have granted.  And if he files timley the jurisdiction should be MA not FL!

True, if Dad snoozes in a stupor long enough for you to fall under FL jurisdiction and you file from FL you may be safe in context that jurisdiction is FL

Just how stupid do you think Dad is?

I am not a lawyer, but I did not so long ago, get a divorce in MA.

In my opinion, you would be very lucky to get away with this plan.

It seems very likely that your husband will file for divorce in MA as soon as he figures out your plan.  Once he does that, you will be traveling up and down to appear in court as well as to meet with your lawyer, etc etc.

It's not cheap and it's not easy to be flying up and down, staying in hotels and paying for airplane rides.

You also I think need to consider how this makes you look before any judge.  You are tricking your husband into signing something, and then hoping to get away along with both your children to move some 1000 or more miles away from him.   You will likely be seeking child support (as you should) and he's going to be seeking visitation. 

I just don't think your plan is going to do anything but backfire on you.

I do not know your entire situation, and this only my opinion.  If you think your husband will simply ignore you and his children for 6 months, maybe you'll pull this off.  More likley than not, he'll be visiting a lawyer and be figuring out his rights in all of this in 1 months time.

Dad was foolish to allow you to do this and he can always file for divorce and custody of the kids. How is Dad supposed to see the children? Are you going to pay for transportation? Bear in mind that Dad can request you pay 100% of all travel costs if by some chance you are allowed to stay in FL. You do not necessarily have the right to move the kids out of state simply because you want a divorce.