Can wife be charged with abandonment if leaving state for vacation?
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?
04/15/2010 |
Category: Divorce ยป Legal Separa... |
State: Florida |
#21793
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.
