Legal Question in Family Law in Florida

Let me start by saying this was a dependency case and the two parents were never married, the mother was not awarded a specific visitation is was set to my husbands discreation. My husband was awarded sole custody of his son in 2005. The mother is not really in his life at all. We are looking to move to a different state to be closer to extended family and get better jobs. What steps should we take?


Asked on 9/21/11, 11:03 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

If there is no paper in the Court stating visitation to the mother - then you can leave the state without a court order for permission. You can file a petition to remove the child from the state with the court based on the extended family and jobs basis and should have no problem in obtaining same. If you do this, then you must serve her with papers and provide a date for a hearing. If the court papers allow visitation at this discretion, then you must file the above. From what you have stated, I see no reason to file a Petition other than to assure yourself that at some future date, she does not file papers asking for a modification of the custody issue.

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Answered on 9/22/11, 6:26 am


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