Recent Feedback
I am a single mother with primary residence in a joint custody situation. The court here in the state of Florida has denied my appeal to move out of state. I am planning to marry a man from Oregon and he has a great job there and owns a home there as well. Will the court now allow me to leave the state of Florida once I am married to him? He cannot relocate to Florida. DO I have to file any paperwork? What forms? Do I have to wait for the father to respond? Does it go to mediation or before the magistrate? Thank you for your assistance. Dawn Myers
Optional Information: State/Country of Question: Florida Already Tried: If I leave the state with my daughter of joint custody what action will the court take against me?
DearCustomer- Just because you get married does no give you the right to take the children away from their father unless he consents or the court finds that it is in the best interests of the children to move. The best interests of the children, not the parents, is the standard used by all courts. Of course the court cannot prevent you from moving since it the children that are the issue.
The father has a right to be involved in the lives of his children so most courts will not permit them to be taken away. If the father is not involved then it is far easier to get permission. You will have to file a motion with the court to modify the visitation order to create a long distance visitation where the father gets several weeks in the summer and a week at Christmas etc.
You can file the motion at any time since, as I said, it is not your marriage that is important but what is best for the children.
Dave Kennett
What action will the court take if I leave without permission?
The court won't do anything unless the father files a motion for contempt. If you are in contempt of court there could be a warrant for your arrest. I understand your situation but I didn't make the laws and I've seen this all too often. The best way to accomplish what you want is to either try to work something out with the father or to get the court to approve your move to OR. If you violate a court order you could have serious problems but that is your choice.
If a reasonable plan for visitation is worked out the courts will many times approve these moves but if you ignore the court and then come back later to try to get it approved the court will not be so forgiving.
Dave
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations