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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101758
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was wondering if my sons girlfriend can take his daughter

Customer Question

Sir I was wondering if my sons girlfriend can take his daughter back to Iowa? They live together in Florida and his name is ***** *****?
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just wanted to know if she can do that?
Submitted: 4 months ago.
Category: Family Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

IF THERE ARE NO CUSTODY ORDERS IN PLACE, then she can. However, it is good practice to give notice to the other parent anyhow, to avoid him attempting to claim that she is kidnapping the child. See State v. Badalich 479 So.2d 197 (Fla. App. 5 Dist., 1985). At the same time, he can file for custody/visitation, essentially "tying" her to the state until the matter is resolved.

IF THERE ARE CUSTODY ORDERS IN PLACE WITH HER AS THE CUSTODIAN, then she has to give notice. If so, then he can try to stop her by filing a petition under Fla. Stat. Ann. § 61.13(2)(d). If so, the Court would decide whether or not the child can be relocated based on the following factors:

(1) whether the move would be likely to
improve the general quality of life for both the
residential parent and the child; (2) the extent to
which visitation rights have been allowed and
exercised; (3) whether the primary residential
parent, once out of the jurisdiction, will be likely to
comply with any substitute visitation arrangements;
(4) whether the substitute visitation will be adequate
to foster a continuing meaningful relationship
between the child and the secondary residential
parent; (5) whether the cost of transportation is
financially affordable by one or both parties; and
(6) whether the move is in the best interests of the
child.

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