Question from Jordan Kox, Do I Need to Notify the Florida Court If I Move My Child Out of State Without the Other Parent’s Consent?
Answer from AI:
In general, if you have a child custody order in place in Florida and you plan to move your child out of state, you are required to notify the court and the other parent. This is especially important if you do not have the consent of the other parent.
Florida’s Relocation Statute
Florida’s relocation statute, Section 61.13001 of the Florida Statutes, governs the process of moving a child more than 50 miles away from their current residence for more than 60 consecutive days.
According to this statute, you must:
- Notify the other parent in writing.
- Provide specific details about the move, including the new address and reasons for moving.
- Include a proposal for a revised visitation schedule.
The other parent then has 20 days to object to the move. If they do not object, the court may allow the move without a hearing. If they do object, a hearing will be held to determine if the move is in the best interest of the child.
Consequences of Moving Without Notice
Moving a child out of state without notifying the court and the other parent can have serious legal consequences. The court may consider it a factor in modifying custody or visitation, and it could potentially be considered parental kidnapping under certain circumstances.
When to Seek Legal Advice
If you’re considering moving your child out of state without the other parent’s consent, it’s strongly recommended that you consult with a legal professional. This is a complex area of law, and the specifics of your situation can greatly impact the outcome. A lawyer can help you understand your rights and responsibilities, and can guide you through the process of notifying the court and the other parent.
Please note: This information is intended to provide a general overview of this topic and is not intended as legal advice. Laws can vary by state and individual circumstances can greatly affect the application of the law. Always consult with a legal professional for personalized advice.