Legal Question in Family Law in Florida
Taking my daugter out state as of 7/20/07 at 2 a.m. in the moring.
I was told that my daugters mother
was leaving the florida state to
tennese, at 2 a.m. in the morning.
My quetion is does she the right to
leave with out me knowing about it
and I have visition rights and I pay
child support.
2 Answers from Attorneys
Re: Taking my daugter out state as of 7/20/07 at 2 a.m. in the moring.
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
This is generally covered by the Final Judgement or Marital Settlement Agreement. If you are simply talking about a vacation, then she probably has the right. If you are talking about leaving for good, then although she may have some right to move, a court might order her to bring the child back to Florida pending a full hearing. Certainly, it is not the morally right thing to do but it may not be against the law. An attorney would need to know more about the fact pattern and what the Final Judgment says before offering advice.
Scott R. Jay, Esq.
Re: Taking my daugter out state as of 7/20/07 at 2 a.m. in the moring.
A relatively new law is in place in Florida, which puts the burden on the party seeking to relocate more than 50 miles with the child(ren).
The above information is provided without any consideration having been provided, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Largo, with a satellite location in Tampa.
Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.