Legal Question in Family Law in Florida

Yes it is possible. However, there are many factors that a Court would have to review to determine if it was in the child's best intereste to be relocated. You can review Florida Statute 61.13001 which in part says:

If a parent wishes to relocate with his or her minor child on a permanent basis for more than 60 consecutive days to a new residence 50 miles or more away from the current residence, the relocating parent must provide advance notice of the intent to relocate to the non-relocating parent who has a right to agree or contest the relocation. If the non-relocating parent files a notice that they intend to contest the relocation, the relocating parent must obtain the Court's permission in order to relocate. If a parent relocates without providing proper notice or after a notice to contest the relocation has been filed, that parent may be sanctioned by the court which could include an order compelling the return of the child and/or loss of custody rights.

If the parents do not agree on the relocation issue, the Florida family court can hold a preliminary hearing and issue a temporary order either granting or denying the relocation on a temporary basis until a final hearing can be held by the court.

Florida Child Relocation Factors

Parental relocation matters are specifically governed by Florida statutes that require analysis of the following in contested child relocation cases:

■Nature, quality, extent of involvement and duration of child�s relationship with the parent proposing to relocate with the child and the non-relocating parent, other persons, siblings, half-siblings, and other significant persons in the child�s life.

■The age and developmental state of the child, the needs of the child, the likely impact the relocation will have on the child�s physical, educational, and emotional development, taking into consideration any special needs of the child.

■The feasibility of preserving the relationship between the non-relocating parent or other persons and the child through substitute arrangements that take into consideration the logistics of contact, access, visitation, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the non-relocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent once he or she is out of the jurisdiction of the court.

■The child�s preference, taking into consideration the age and maturity of the child.

■Whether the relocation will enhance the general quality of life for the parent seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.

■The reasons of each parent or other person for seeking or opposing the relocation.

■The current employment and economic circumstances of each parent or other person and whether or not the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.

■That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.

■The career and other opportunities available to the objecting parent or other objecting other person if the relocation occurs.

■A history of substance abuse or domestic violence by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.

■Any other factor affecting the best interest of the child.

If the parents are unable to agree on the relocation issue, the trial court will conduct a hearing where all evidence concerning the minor children's best interests and the parent's desire to relocate away from their former home will be considered. The family court judge will then enter an order for a parenting plan that will outline each parent's schedule with the children and will address the request to relocate with the children. The judge will also issue an order regarding decision-making (also called parental responsibility) for the children.

This is all based on the fact that You have established Paternity of the child through the Court, even if you agree that you are the Father. If you have not established Paternity (and or child support) through the Court, that is another question.

Not without yours or court permission.

She will need to comply with the provisions of Florida's Parental Relocation statute, Chapter 61.13001.

A lot of this will depend on whether or not the two of you were ever married. If you have no visitation rights established and are only paying child support, then I suggest you file a Petition ASAP for Visitation - otherwise she may leave without leave of court.