Can the person having custody of the children move out of the county without permission?

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Can the person having custody of the children move out of the county without permission?

Can the other party move out of the county without permission, wether it is stated in your divorce or not? Thank you This is in Florida.

Asked on May 8, 2009 under Family Law, Florida

Answers:

Joanna Mitchell / Joanna Mitchell & Associates, P.A.

Answered 10 years ago | Contributor

The prior answer is not correct in Florida. It may be that is the case in California, but not Florida. First, Florida no longer has "custody", it is a shared parenting State. Second, there is a Florida Statute that specifically prohibits someone from moving more than 50 miles from their current residence without either written permission from the other party (which would include a modified timesharing agreement based on the move) or without Court approval. If someone does move without either written permission or Court approval, they can lose the right to have their children reside predominately with them. Additionally, if there is a substantial time sharing arrangement where both parties have close to equal time with the children and moving would impede that arrangement, then even moving less than 50 miles can be prohibited.

Hope that anwers your question. If you would like to discuss the matter further, please contact my office at 407-971-6140 to schedule a free initial consultation.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If someone has  full custody, usually no need for permission to move out of the county if it doesn't impact your divorce/custody/support decree.  In other words, let's say dad has full custody and mom has visitation.  If dad all of a sudden moves 7 hours away, which makes visitation difficult, it may require you both to amend the decree or determine if dad can move.  If dad has to move (job, etc), then really the court usually sides with the parent who has full custody and then the decree has to be amended for less frequent visitation or perhaps wherein dad has to fly/drive or arrange transportation for the child so it is not more of a burden for the parent who has visitation. 

Talk to your divorce lawyer.  Try www.attorneypages.com if you do not have an attorney and/or represented yourself at the hearing. 


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