Can I Take My Child Out Of State Without The Other Parent’s Consent?

move.jpgFlorida Statute 61.13001 governs this issue of parental relocation with a minor child. The Statute defines Relocation as, “a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.”

The Statute further states, in so many words, unless an agreement has been entered between the parents as to the relocation the parent desiring to relocate must file a Petition to Relocate with the Court and serve the same upon the other parent.
As a Ponte Vedra Child Custody Lawyer, I know what this Petition needs to entail and the process of filing it and arguing it (if necessary) before a Judge.

If you are looking to relocate more than 50 miles away from your current residence and are concerned as to whether the other parent will consent to this relocation contact us at Law Office of David M. Goldman at (904) 685-1200 at any time. I will be happy to schedule a free consultation at your convenience, including nights and weekends.

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