Legal Question in Family Law in Florida

Moving out of State

I am a Florida resident with a 17 month old. Never married and currently there are no court docs indicating custody. The mother stated that she is possibly moving to NJ and stated that there is noting I can do because she is the mother and has all the rights. My questions are. 1) Without court docs is she still required to provide me a 30 day notice so I can contest in court? 2) If she moves without providing notice will NJ recognize a Fla courts order? 3) Currently we chare 50/50 custody, would the court permit her to leave the state without my consent providing I am a good parent?


Asked on 11/22/08, 12:46 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Moving out of State

Until you file your petition for paternity, she can move without giving you any notice. New Jersey will almost certainly recognize any Florida court order, but Florida courts rarely allow parents to move out of state, especially where the non-moving parent is regularly exercising visitation and paying support.

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Answered on 11/22/08, 6:56 pm


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