This is the first post in a series of articles which will address the question of “can a Florida parent take a child out of state without the other parent’s consent?” I am addressing this question as whether or not a child can be removed from a state is a question which often arises in the area of family law. Misunderstandings as to what rights parents have can often result in disagreement and hostility. I am writing this series of articles to provide information which can be used to help parents better understand what rights they do and do not have. It is also my goal to provide information which can assist with the selection of an attorney. If you are in need of assistance then contact my office today to speak with a Melbourne lawyer.
I will address a number of topics over my coming articles. Issues which I will be analyzing include the following:
- When a parent may, and may not, remove a child from Florida
- The consequences of removing a child without consent
- Obtaining the Court’s permission for a permanent relocation
- Gaining the return of a child who has been taken out of state
I have chosen to address these particular topics for multiple reasons. First, there is a common misunderstanding as to what it means to remove a child from Florida. Courts will typically not see a short vacation or weekend trip, for example, as an attempt at permanent removal. Second, if a parent does attempt to relocate a child without consent then they may find themselves in contempt of court and may be at a disadvantage in child custody proceedings. Third, if a parent wishes to relocate a child out of state then they may file a request to do so. Finally, if a child has been improperly removed without permission then they may file a request for a pickup order. If the request is granted then law enforcement may assist with returning the child.
An important point that will be stressed throughout this series is that one should speak with an attorney prior to any efforts to take a child out of state. Courts will often grant a pickup order quickly if they believe that a violation has occurred. As a Melbourne child relocation lawyer, I am able to assist those who wish to relocate as well as those who require the return of their child. Contact my office online or by telephone today to schedule an initial consultation.
My firm also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.