Legal Question in Family Law in Florida

a mother wants to take her 2 children out of state to live. there is no divorce paper filed yet. can she take the children without father's consent?


Asked on 3/06/12, 8:19 am

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

So long as no case is pending and there are no outstanding orders regarding the children, either parent may permanently move out of state with the children.

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Answered on 3/06/12, 8:27 am
Thomas Rosenblum Rosenblum Law Offices

Hello:

I'll add some clarification to your question. If the divorce case is in Duval County, there is an Administrative Order stating, among other things, neither party shall remove the children without a Court Order. You can file an emergency motion with the court if she is intending on moving the kids without an Order.

After a Final Judgment is entered, unless it contains language allowing a party to move, that party desiring to move out of state has to file a specific Motion and allow the other party to respond and a hearing will be held. You can read the specific statute..search for Florida statutes. Then go to Chap. 61 and go look for the specific paragraph on relocation.

'Hope this helps. If my office can be of any assistance, please give us a call. Tom Rosenblum

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Answered on 3/07/12, 8:23 am


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