Legal Question in Family Law in Florida

Unless there is a court order in place, nothing stops you from taking your children. You may want to consult with a lawyer, though, before you attempt to permanently move the children more than 50 miles, though, because certain Florida laws may come into play when you move kids more than that distance.

As long as there are no papers filed, you both are entitled to custody of the children. Just be aware that she will probably file an Emergency Order for Temporary Custody and if the judge signs it she will take it to the police and you will in essence be a fugitive if you leave this state with out an order allowing for same.