Legal Question in Family Law in Florida

If the mother and father separated can she take the children with her or out of state without nither one having costody


Asked on 3/23/13, 9:19 am

3 Answers from Attorneys

Gregory Buckley Gregory T. Buckley, Attorney at Law

If the parties are not amrried and the father of the children has not established paternity through the courts, the mother is considered to have sole custody of the children. If the parents are married, then Florida's Parental Relocation Statute, Chapter 61.13001 states that you cannot move the children more than 50 miles without the permission of the other party or an order from the court authorizing such a move.

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Answered on 3/23/13, 9:58 am
John Smitten Carey and Leisure

If not married the father has no rights until such time as he petitions the court, so yes she can leave. Contact my office for free consultation 727-446-7659.

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Answered on 3/24/13, 1:39 pm
Carolyn Jones Law Office of Carolyn R. Jones

Yes. In Florida the mother is considered the natural guardian of the child until such time the father establishes time sharing and visitation. Go ahead an relocate and good luck to you.

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Answered on 3/25/13, 11:38 am


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