Legal Question in Family Law in Florida

leaving the country with the kids

I have custody of the kids, and I planned on moving out of the country. My ex agreed. Now there are a few days left, and he's threatening to stop me from leaving with the kids. Can he do this in this short time?


Asked on 6/11/09, 10:59 pm

2 Answers from Attorneys

Charles Gallagher Gallagher & Associates Law Firm, P.A.

Re: leaving the country with the kids

If you have shared parental responsiblity, any change in the residence of the children must be a joint decision or a decision of the court.

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Answered on 6/12/09, 9:14 am
Brent Rose The Orsini & Rose Law Firm

Re: leaving the country with the kids

I don't agree entirely with the other lawyer. Regardless of the kind of custodial arrangement you have (in other words, even if you have sole custody), you cannot move your child out of Florida without a specifically-worded agreement with the father. If you don't get the agreement, you have to serve him with a special notice. If he objects to your notice within 30 days, you have to apply for a court order. The court orders are pretty tough to get, so you need to speak to a lawyer. Let me know if we can help.

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Answered on 6/12/09, 10:28 am


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