Legal Question in Family Law in Florida

Moving out of State

I just wanted to know what my legal rights are when it comes to me moving out of state (Florida to North Carolina) and taking my daughter with me. I have custody of my daughter and her father has visitation - one night a week and every other weekend. I need to move to North Carolina to take over my families business. Her father will want to fight me on this.


Asked on 9/28/06, 12:47 pm

1 Answer from Attorneys

Sharon Pettway Law Office of Sharon T. Pettway, P.A.

Re: Moving out of State

WATCH OUT!! The law in Florida changes October 1st!!! You have to give him written notice of your intention and obtain the court's permission to relocate with your daughter. If you do not take the proper and legal steps to relocate her, the court can order you to return her to FL if he petitions the court to do so. This is a very big deal. There are a lot of things the court takes into consideration in making its decision whether to allow you to relocate your child, including economic necessity. However, her father's rights to visitation and to maintain a relationship with her are seriously taken into consideration. It doesn't mean you can't relocate her, just that there will be changes to visitation and you must have the court's permission. Trying to bypass the court's authority could jeopardize your custody, so take caution.

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Answered on 9/28/06, 12:59 pm


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