Legal Question in Family Law in Florida

Can a mother move with a child to another state without the fathers permission?
Here is the story. My brother and his wife have been seperated(not divorce yet)for a couple of years.They have a 12 year old son in which the mom is trying to move herself and the son to another state with some guy she met on facebook,but my brother says no but she says shes moving anyway.What can my brother do to stop this? My brother has never been to court about custody because they have always agreed upon everything until now. My brother pays child support ,have's him more than 50% of the time,is his youth football coach and takes him to all of his games(his mother dont even come). Has been in his son's life since day one and has never been without him. So it was so hard for me to see my 6'3" 250 plus pound brother break down and cry because she might take him away from him. Please help we need it we live in florida!!

Asked on 4/01/12, 4:22 pm

4 Answers from Attorneys

Robert McCall Law Office of Robert McCall

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The short answer is that Mom may move whereever she wants but it takes a court order or written consent from Dad for her to move the child. Dad needs to talk to attorney ASAP so he understands his rights and options. If Mom moves anyway and the child is outside Florida for over six months Florida courts lose jurisdicton to hear the matter.

Answered on 4/02/12, 7:23 am

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Lucreita Becude Lucreita D. Becude, P.A.

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Mr. McCall is on point. RUN to an attorney as you will need to get documents in the court to stop this from happening. Also his son is able to testify as to who he wants to live with if so needed.

Answered on 4/02/12, 9:16 am

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