Legal Question in Family Law in Florida
while waiting for mediation and court answer about custody, can I go ahead and move my child and my family to another state as I am the residential custodian parent.
4 Answers from Attorneys
No. You can only relocate with the other parents permission or a court order.
Absolutely you may not without an order from the judge. And we don't use the term "residential" in Florida, and we especially don't use the term "custodial" parent in Florida. Those terms make one parent believe they have more control over the kids than the other parent, which is not true. I fear that you may suffer a bit from this misbelief.
To relocate with the children more than 50 miles, you will need to comply with the provisions of Florida's Parental relocation Statute, Chapter 61.13001. You need either the permission of the other parent or an Order from the court.
If there is an ongoing case, it would not be a good idea to move before the case was complete, unless the court allows you to relocate temporarily.