Legal Question in Family Law in Florida
I recently have been taking care of my 2 kids and My Ex and I were never married.
He has agreed to let me move with the kids out of state and has agreed to give me Physical custody with Joint. I would like to move to out of state. He has been unable to handle the kids in his current situation. i have an opportunity to move out of state. we have a order to modify our parenting plan where we share joint custody. Recently My Ex had Florida DCF Show up to his house. Stating that there was an Anonymous caller saying he was doing drugs in front of the kids. Since then i have taken the kids in concern for their safety. I have made an agreement to take my kids permanently so he can get the help he needs. I don't know if there is a DCF Case open at this time.. I would like to move If I move out of state with an agreement with my ex Notarized that he is giving me custody in a stipulation That I will file with the state of Florida, Can I get into trouble ie... Kidnapping, or Charges to removing kids from state. I believe that the Reason DCF showed up is for a welfare check. The 2 reasons were the kids tardes & Attendance to school & Possible drug use around the kids by my Ex. DCF Showed up to his house Feb 26th 2018 I was there dropping the kids off and They spoke to my kids, my Ex, And Myself, My Ex Refused to take the drug screening, And I volunteered to take one and passed.
I don't do drugs and don't want that around my kids.
I also told DCF that I have my own Place and That I don't live with him. And we have been time-sharing the kids. I gave them my address and phone number and invited them to come check my place if they want.
I have heard nothing From DCF and don't know how to find out if they are involved currently.
QUESTIONS.
Am I allowed to move?
What rights do I have?
Do I need the Future Stipulation for custody Signed and ordered by the Judge?
Can the kids get taken away from me?
1 Answer from Attorneys
Your documents are quite clear. You need a court order to move the children from out of state. You must file a Petition with his consent. You also need to check with DCF as if they have a case you may not be able to leave the state with the children as State trumps civil court.
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