Legal removal of children from FL.

[stonefree63]

My wife left me in June '08 and moved to Florida where she grew up. She also took our three children with her. I filed for divorce in Nov. '08 and my wife filed a counter petition. These were both dismissed in April and I am currently beginning the appeals process.
I have lived in MO. my entire life. My wife moved here from FL in 1995 and moved in with me a few months later. We were married in 2001.
All three of our children were born and raised in MO. and it is the only home they have ever known.
My divorce attorney tells me my wife has broken no laws unless she denies me access to our children. I asked him that if my wife broke no laws by moving out of state without my consent or approval then wouldn't I be afforded the same rights, that is, to return my children (legally) to the state of their birth and the only home they ever knew, MO.
He replied to me that Federal and Missouri law say I would be within my rights to do so, [I]however[I], he went on to state that he did not know what Florida law provided or stated regarding my situation.
Therefore, I am asking anyone who may know: Would I be within my legal rights to travel to Florida and bring my children back to their home state? There is no custody decree, etc., no court order, nothing. We are still married. My wife and children have been down there for over 11 months now?
What legal recourse do I have, if any?

[Attorney Howard Iken]

If there are no court orders in place, and no active case, everyone is free to move where ever they want.

Because the children have lived in Florida for 11 months, that is where a court case would be filed. In the absence of a case, neither parent has superior rights.

Attorney Howard Iken
The Divorce Center

[stonefree63]

I am going the appeal route in Mo. If the judge's dismissal is overturned, the venue would return to Mo. since I filed before my wife gained residency. Thanks for your reply.