Custodial parent leaving the state with child without noncustodial parent's consent.
Question Details:
Is there a penalty against the custodial parent when she leaves the state with the child without the noncustodial parent's permission?
Typically, in Florida, neither parent is permitted to remove the minor child from the State without the other parents consent and prior knowledge. However, typically if it is for vacation purposes and if proper notice is given, as well as an itinerary provided, it is permitted. However, more information would need to be known in order to fully answer your question.
My office offers free initial telephone consultations if you would like to discuss your matter further.
Typically, one parent, whether or not the custodial parent, cannot remove the child from the state with out the other parent's consent (however, it will depend on the specific wording of the custody agreement).
Taking a child out-of-state in violation of a court order can be considered to be parental kidnapping. This offense is taken quite seriously; this is both a state and federal offense. The offending parent risks not only losing custody of the child permanently but also fines and incarceration. Much will depend on the specific circumstances - a short trip versus a permanent move.
At this point, you should consult with a family law attorney in your area for a fuller explanation of your rights and remedies in this situation.
