Legal Question in Family Law in Florida
Changing residence without parent permission
Hello. My girlfriend and i are in the obtaining L1 Visa process to move in to Miami, Fl.
We do live here in Venezuela with my two kids (16 and 15) and her daugter (9). She is divorced and i have file in the court the divorce paperwork 8 months ago.
We would have to process the change of residence to USA in a family court in order to obtain the pertinent permission because the other parents doesn't want it. But there are chances of the rejection of this by the court...
In order to offer a better future to our kids we have to move out from Venezuela becasue its politics among others issues.
What would happens if we move to Florida with our childrens without their parents permissions ?
This would be ''parent kidnapping''?
Could we get a special permit in a Floridian court ?
many thanks...
1 Answer from Attorneys
Re: Changing residence without parent permission
Obviously, I can't advise you as to Venezuelan law, but I can tell you that the Florida courts would probably respect and enforce any judgment that was rendered in Venezuela. If the Venezuelan court ordered the children returned to Venezuela, the Florida court would likely respect and enforce the order.
There is no "special permit" available to foreign nationals, though Florida would protect a child if it was believed that the child was being abused in the foreign jurisdiction.
Venezuelans don't enjoy any special status in Florida courts over any other South American nationals, though attempts have been made in Congress to make it so. The rivalry between our presidents is considered something of a joke by most Americans, and the Bush administration refuses to give it any credence or even recognition.
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