Legal Question in Family Law in Florida
My husbands ex has threatened to take their 6 year old daughter out of Florida and move to Texas. Their current paperwork states that neither party shall move out of tri county area without written permission from the other parent. She has not provided a notice to relocate as of yet and said that no court will prevent her from leaving with their child. The mother stated that if my husband wants her to stay in Florida then he will have to give her at least $1,200.00 a month. To me that sounds like a form of extortion.
1 Answer from Attorneys
Not only would she be violating their agreement, she'd be violating Florida Statute 61.13001, which prohibits moving children without permission of the noncustodial parent or a judge. Judges rarely give permission to move, since they don't want to separate children from parents. If she moves without permission, it wouldn't be unusual for a judge to switch custody.
I don't agree that her threat constitutes criminal extortion, though.
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