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If a custodial parent (who receives child support) in Orange…

If a custodial parent (who...
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court,
(2) required to gain the other parent's approval?
within what given time frame?Note: No official custody agreement has been established. Custodial parent status was established when child support was first enforced by the courts.
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12/26/2017
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,509
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good afternoon. Yes, if the parent is going to be relocating out of State, they would be taking away the other parents right to the child. As such, if they want to move they would need to get the other parents approval or petition the court. I have shared with you below the Florida Statute which controls and as you will see, lays out what must be done.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 4 months ago
What paperwork do I need to file, to get started?

Great to hear back from you. Yes, the clerk of court in the family division should have the forms for you to fill out and file. I have also provided two links below, for you to review and use as a reference.

https://www.flcourts.org/core/fileparse.php/533/urlt/950d.pdf

http://www.fljud13.org/Portals/0/Forms/pdfs/family/PETITION%20TO%20RELOCATE%20WITH%20MINOR%20CHILD(REN).pdf

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Customer reply replied 4 months ago
I do have a few additional questions:1. From what I have learned, legal paternity has not been established. We only have a child support order in place. Does this affect my initiating the Notice of Intent to relocate? Is there value in establishing paternity first (starting a paternity case vs. filing the notice)?
2. Will I be held in contempt if I have already moved, due to extreme circumstances? I was unaware that the court required a notice to be filed, since no custody agreement/court process had ever been established... (child support just deemed me the custodial parent)...

If the parents are not married and paternity has yet to be established, there is nothing necessarily stopping the mother from relocating. Unless there is a court order giving the father visitation or custody, she would not be interfering with that by relocating, so there is nothing preventing her from moving. To try and establish it may have an adverse effect since the father then may try and get visitation which could prevent the move. You would only be in trouble if you violated a court order but since you shared nothing is in place and paternity has yet to be established, it may not be an issue and the burden would shift to the alleged father, to try and go after you.

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I am happy to answer anything else but do kindly ask that you rate my help at the top at this time, just so the site will provide me with the proper credit. Thank you for understanding.

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Category: Family Law
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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