While parents are married, neither parent needs the other’s consent to take the children 
out of state.
However, if during the course of their divorce a temporary custody order has been put in place the mother may need the father’s or the court’s permission to leave the state with the child.
Typically, a parent can’t move a child to another county or state without prior approval from the court that issued the original custody order.
If no such orders exist, the father should petition the court for an order prohibiting the mother from leaving the state with the child. Based on the mother’s representations the order is needed to finalize the divorce in the state you currently live in. Because a divorce is already pending in that state, it is unlikely that another state’s court will have jurisdiction (authority) to start a new divorce and custody case.
You should contact an attorney who is licensed in your jurisdiction to further discuss the specifics of your situation
Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.
For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.