This is the next article in my series on the question of “can a parent remove a child from Florida without consent?” My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you either wish to relocate or believe that your rights have been violated. It is important that you contact counsel immediately as the facts of the case can greatly impact both jurisdiction and the Court’s application of the law. In this article, I will be discussing when parents may, and may not, take the child out of state. If you are in need of assistance then contact my office today to speak with a Melbourne lawyer.
Florida parents require consent or permission to move a child more than fifty miles for a period of sixty or more days
Florida parents require consent from their counterpart or Court approval to move a child fifty or more miles from their previous residence for a period of sixty or more days. These requirements are found in Fla. Statute 61.13001(1)(e). These requirements apply once a child custody order has been entered or when a new case has been filed. In other words, this means a parent must gain permission when they have an existing order (or pending litigation) and are moving on a long-term basis to an area that is at least fifty miles from where they lived when the last order was entered. A parent may move without the consent of their counterpart as long as they do not meet these criteria.
The foregoing is best explained through an example. Suppose Jack and Jill are Melbourne parents who have joint custody of their five year old. They employ a “one week on, one week off” time share. Now suppose, during her scheduled time with the child, Jill takes the child to Atlanta, Georgia to visit her parents for the week. Jack objects. Even though Jill is leaving the state with the child, and is traveling more than fifty miles, the fact that she will only be gone for a week does not violate Florida’s statutes. Now, instead, suppose Jill had told Jack that she was taking the child to visit her parents for three full months. This is longer than the sixty day limitation allowed under the statute and would likely not fall within the statute’s “vacation” exception. Under these facts, Jill would likely need consent to take the child to Georgia. It should always be understood that how the Court will rule in any given situation is always going to depend on the specifics of the matter.
If a child is taken out of state in violation of the aforementioned legal standards then the other parent may request that the Court order their return. This involves filing an emergency request with the Court to require the return of the child. If this request is granted, then the Court will sign an Order requiring that law enforcement assist with retrieving the child and their belongings. The Court will also likely hold a hearing to determine whether the offending parent should be held in Contempt. Depending on the facts of the case, the Court may be willing to change child custody in favor of the non-offending parent.
Contact a Melbourne child relocation lawyer regarding taking a child out of Florida
If you are considering taking a child out of Florida, or if your child has been removed from the state without consent, then it is important that you speak with an attorney as soon as possible. First, if the child is in another state for at least six months then Florida may lose jurisdiction over the matter. This would mean having to initiate family law proceedings in another state. Second, the longer the child is allowed to remain in another state, without Court proceedings being initiated, then the more likely the Court may be to question whether consent was given or to consider the current situation the “status quo.” Third, if you are considering moving your child out of state, then you may greatly harm your case by doing so without a written Order.
I am a Melbourne child relocation lawyer who assists those dealing with such situations. I understand the urgency in such situations and I take pride in the level of representation which my firm offers. If you or a loved one are in need of assistance then contact my office online or by telephone today to schedule an initial consultation. We look forward to speaking with you.
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.