Legal Question in Family Law in Florida

can a married mother take her child out of florida for a visit with her parents without permission of the father. they are married and having some problems. He is physiclly

hurting her.


Asked on 9/07/09, 3:30 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

The law only forbids a custodial parent from permanently removing a child or children from the state while a divorce or other proceeding is pending (though some judges have stretched the law to include separation when no divorce is pending). It's always okay to take the kids on a temporary trip, unless a judge specifically orders otherwise.

She should be careful though and not pull the old, "Well, I went on a trip with the kids to visit my parents and then we just decided to stay here permanently." This really backfires. Judges are very inclined to order the kids back (with or without the custodial parent) when the cusodial parent tries this.

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Answered on 9/07/09, 4:42 pm


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