Image courtesy of “Stuart Miles”; freedigitalphotos.net
A common – and very often, emotional – question I receive in my Jupiter divorce practice is this: “My ex moved out of state and took the children without my permission. Is there anything I can do to get them to move back?”
Yes. Florida remains the child’s “home state” for 6 months after their removal. It is best to file an action in Florida for the return of the child to your county in Florida in order to protect your rights relative to your child. The Florida courts have jurisdiction to proceed even if your spouse (or ex-spouse) and child is in another state.
If there is already a timesharing or parenting plan in place that has been approved by the court, the parent who moved the child without permission will suffer severe sanctions…including possibly losing custody of the child altogether.
The Florida Relocation Statute is complex, but the gist of it is this:
- If one parent wants to move away with the kids (“away” means 50 miles or more, for more than 60 days), that parent must petition the court for relocation and serve the other parent.
- The petition must contain very specific information about the move.
- The other parent has 20 days to respond to the petition and file it with the court. If they don’t respond, the court will approve the relocation, unless it is not in the best interests of the child(ren).
Alternatively, the parents can agree to let one parent relocate with the kids, but that agreement must be in writing and contain certain legal terms. So even if you agree on the issue, you should consult an attorney.
ALWAYS consult an attorney before attempting to relocate with your children – with or without your spouse/ex-spouse’s permission.
Read our previous post about relocating with children to learn more.
George Gelb has over 35 years experience with Relocation and Relocation Defense issues in Jupiter and the surrounding areas. Contact him today for a free consultation.