Legal Question in Family Law in Florida

can a parent just pick up and leave the state whenever they want to?


Asked on 10/22/09, 4:14 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Yes, but not with the kids. To move more than 50 miles with the kids, the parent must follow the strict procedures outlined in Florida statute 61.13001, which includes getting permission from either the noncustodial parent or a judge, and judges are very reluctant to give permission.

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Answered on 10/22/09, 4:32 pm
Lucreita Becude Lucreita D. Becude, P.A.

It depends. If your dissolution states that you can, then yes. However, in most cases, you will need a court order allowing you to take the children to another state. Changes of circumstances would be employment, family help or possibly remarriage. If you leave the state without the court order your ex spouse can file for contempt and you could lose your custody.

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Answered on 10/22/09, 6:20 pm


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