Legal Question in Family Law in Florida

child custody

I am planning a move from FL to Idaho with my kids whom we have I guess joint custody. The father is suppose to have them every other weekend and every other holiday and 2 weeks every summer. He has not done that in at least 3 or 4 years. There is nothing in our divorce about me moving out of state with the kids. Would I be able to legally move them out of state without his permission? He wouldnt even know we moved because he doesnt even call them...


Asked on 6/23/09, 8:10 pm

3 Answers from Attorneys

Gordon Fenderson Fenderson Law Firm

Re: child custody

The answer is no. You need to file papers by law. It can be used against you in the future if you dont. Contact my office for a free consultation.

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Answered on 6/23/09, 10:54 pm
Brent Rose The Orsini & Rose Law Firm

Re: child custody

Definitely don't move without the father's permission or a court order. It could cost you custody. There is a specific statutory procedure you must follow before moving kids from Florida. Given that the father isn't exercising his visitation, you should have a pretty good case, but you still have to follow the procedure under Florida Statute 61.13001. Let me know if you new help.

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Answered on 6/24/09, 2:30 pm
Brent Rose The Orsini & Rose Law Firm

Re: child custody

Definitely don't move without the father's permission or a court order. It could cost you custody. There is a specific statutory procedure you must follow before moving kids from Florida. Given that the father isn't exercising his visitation, you should have a pretty good case, but you still have to follow the procedure under Florida Statute 61.13001. Let me know if you need help.

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Answered on 6/24/09, 2:30 pm


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