Legal Question in Family Law in Florida

Leaving the state

If there has been no custody or visitation ordered but papers have been filed can a mother take her children across state line if the father is keeping them from her?


Asked on 12/09/08, 11:45 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Leaving the state

I can only address TX law. I am not licensed to practice law in FL.

If temporary orders have been signed by a Judge, then you MUST follow those orders.Whatever the papers say are what you are to do.

If there are no court orders regarding these children, then either parent can travel with the children.

Be advised, however, that just because you take the children out of state, it does NOT mean that you won't be ordered to bring them back.

Once papers are filed in a county, that county retains jurisdiction over the children regardless of where they are located.

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Answered on 12/10/08, 1:56 pm


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