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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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in FL can a parent take a child to another state and not return

Resolved Question:

in FL can a parent take a child to another state and not return if still married?
Submitted: 5 years ago.
Category: Family Law
Expert:  Ellen replied 5 years ago.

WebLaw :

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

WebLaw :



So sorry to hear of this dilemma. I am a Florida attorney. If my answer is not clear to you, please ask me for clarification by using the reply button.

WebLaw :

Yes provided there is not a court order preventing the relocation

Absent a court order or proceeding concerning the child, the parent in possession of the child has custody can choose whether to allow the child to visit with the other parent.



This means that without a court order concerning the child, both the mother and the father have equal rights. The parent that the child is with has the right to relocate or travel with his child as he sees fit and to deny visitation to the other parent.


Customer:

what type of paperwork would one have to file with the court to say have the child returned

Customer:

or to make it so they get visitation at least

WebLaw :

You would need to file the petition for custody

Customer:

and both parents would then have to appear in court am i correct?

WebLaw :

yes that is correct

WebLaw :


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