Legal Question in Family Law in Florida

Relocation during pending divorce

My son is getting a divorce. He has two children and their mom currently has tem custody. Divorce papers have been filed, but court date not until January. Mom is threatening to move children out of county. Pending divorce paperwork states children will remain in the county of their residence. Can mom take the children and do as she pleases. Does dad have a right to know where the children are living at all times.


Asked on 11/21/07, 10:07 am

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Relocation during pending divorce

The paperwork you are referring to is probably what's called a "standing temporary order." Most counties issue them automatically in all divorces. That order should prevent mom from moving, and it should also make mom to tell your son where the kids are living.

Florida also has a statute (61.13001) which prevents a custodial parent from moving the children more than 50 miles from their current residence.

Your son should probably file for an injunction preventing mom from moving and demanding that she tell him the kids' address and phone number. Those injunctions are almost always granted.

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Answered on 11/21/07, 1:34 pm
Stanley Miller Stanley M. Miller, P.A.

Re: Relocation during pending divorce

She may not and he always has the right to know where the children are living.

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Answered on 11/21/07, 2:38 pm


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