Moving & Florida Child Custody

Moving & Florida Child Custody

Divorce is a complicated legal matter regardless of the circumstances, but divorces with children are almost always more challenging. Child support, child custody, and visitation schedules are just three of the problems parents must solve when divorcing with children. In today’s post, Owenby Law will look at one child custody problem in particular: moving out of state with the kids.

Moving Out of State & Custody

Who Can Move with Kids?

Before anything else, we must determine if parents can move their kids out-of-state without the consent of the other parent. Florida follows public policy that children should have frequent and continuing contact with both parents after a divorce unless it is harmful to the child to see one of the parents. Therefore, Florida will do everything it can to ensure that a child sees both parents in most cases.

However, if one parent poses a risk to a child’s well-being or safety, parents who have sole parental responsibility for their children may be able to move to another state, but they should always talk to an experienced family law attorney before doing so! Taking your kids away from another parent with shared parental responsibility can be illegal. In fact, if you move with your children and your child’s other parent has shared parental responsibility, you could be charged with interference with custody, which is a Florida felony in the third degree!

Want to Move? Talk to a Family Law Attorney!

To recap, if you have sole parental responsibility, you may have the right to move away with your kids; however, you should always talk to an experienced Florida family law attorney to ensure you’re not breaking any laws!

Want to move with your kids? Call (904) 770-3141 now for a free consultation for your case!


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