Legal Question in Family Law in Florida

Can I move out of state with my children?

My ex and I have joint custody..I have custody of our youngest son who is 6, he has custody of our older son who is 10. I plan on moving with the children to TN from FL by the end of the summer. Both the children have expressed that they want to come with me. The younger that he wants to definitely be up there with me, the older that he is 75% sure that he wants to go, but wants to try it out first. My ex does not like the idea, but has said that he will leave it up to the kids. Now he is saying he likes the idea less and less and I am getting worried that he will go back on what he said. What recourse do I have if he does? Am I allowed to do this in the first place? We have an opportunity for a better life and great schools up there for the kids and this opportunity is a once in a lifetime kind of thing.


Asked on 4/05/07, 10:51 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Can I move out of state with my children?

YOu will need court permission.

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Answered on 4/06/07, 2:34 am
Marie-Anne Oatley

Re: Can I move out of state with my children?

There are two issues: custody of the child your ex has and moving away.

You will have to petition to modify custody to gain custody of the child whose primary residential care is with the other parents. You will also have to obtain either the other parent's permission to leave or, if he or she does not consent, convince the court that taking the children away is not going to interfere with the best interests of the children.

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Answered on 4/06/07, 12:41 pm


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