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Lawdoctor
Lawdoctor, Lawyer
Category: Family Law
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Experience:  Over 22 years of experience in numerous states.
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In the state of Florida does the non custodial parent need

Resolved Question:

In the state of Florida does the non custodial parent need permission or need to file anything with the courts to relocate out of state with out children?
Submitted: 6 years ago.
Category: Family Law
Expert:  Lawdoctor replied 6 years ago.
DearCustomer

Thank you for allowing me to assist you with your question.

Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.

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There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!

Florida follows the UCCJEA and unless your court order prohibits the residential parent from moving without the court's permission, the parent can move. However, the visitation parent can object and can seek a change in custody since the move would be considered a substantial change in circumstances and it interferes with the parent's visitation rights. The moving parent would have to show that the move was necessary and in the best interests of the child such as a better job or living conditions.

The procedure is to file a motion for contempt and an injunction if the divorce decrees prohibits the move or if it does not prohibit the move, then file a Motion for Modification of Custody.

In either case I recommend that you hire a lawyer to represent you as this can be legally complicated and you will need a good handle on procedure and case law to prevail.

I wish you the best.

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Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

 

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