QUESTION

Relocation

Asked on Dec 12th, 2013 on Family Law - Florida
More details to this question:
I am the non- custodial parent and want to relocate out of the country. currently we have joint custody of 50-50. I have a time sharing in place, what should I do? Can I move before a motion/hearing takes place? if so, does it look negatively? Ex is refusing to come to an arrangement and a court hearing will need to take place. Thank you
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1 ANSWER

Personal Injury Attorney serving South Pasadena, FL at The Law Offices of Charles D. Scott PLLC
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You cannot remove a child from the jurisdiction of the court or more than 50 miles from the other parent, with out court permission. This falls under the Florida relocation statute and possibly parental kidnapping statutes if you simply take the child out of the country.  I suggest you go to court and get a court order before you relocate. If you have not already done so, you need to  file a "notice of intention to relocate"  which is a specific pleading with the court, and serve the other parent, then get a court date and have a judge decide if you can relocate the child. You must comply with the Florida Relocation statute when you file your pleading, which means that the pleading must contain specific details in accordance with the statute.
Answered on Dec 13th, 2013 at 4:09 PM

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