Child Relocation Issues in FL
Assistance from Our Maitland Divorce Lawyer
The issues concerning whether a person can remove a child from the state
of Florida can be very complex. Prior to the filing of a proceeding in which
custody of a minor child is an issue, including the removal of a child with the
criminal intent to conceal them from the other parent on a permanent basis,
can be a violation of both state and federal criminal laws.
The act of moving the children from the state of Florida could also adversely
affect your position in a future custody hearing. If the state of Florida
has jurisdiction over the children, the court is not going to pleased
that the children were removed from their jurisdiction.
To schedule a
consultation regarding this topic, call The Troum Law Firm, P.A. at (321) 428-2247.
Wrongfully Removing a Child from Florida
After a parent wrongfully removes a child from the state, the court has
the authority to enter an emergency writ allowing the petitioning parent
to have the children returned to Florida. This writ will normally be enforced
by all other states and the children will be returned to the petitioning
parent and the jurisdiction of the court.
Criminality of Concealing the Location of a Minor
During the pendency of a proceeding affecting the custody of a minor, it
is unlawful for any person, with the requisite criminal intent, to remove
a minor child from the state of Florida, or to try to conceal the location
of a minor, if that person has received notice of the pendency of the
proceeding. The minor may only be removed from the state of Florida with
the permission of the court before which the proceeding is pending. Any
person who is convicted of a violation of this type is guilty of a felony,
punishable by up to five years in prison.
Once the proceeding is over and a primary residential parent has been established,
it is possible for the primary residential parent to remove the child,
- Entering a Final Judgment by the court with provisions dealing with the removal
- The primary residential parent petitioning the court for an Order allowing
the parent and the minor child to move from the state
- The court reviewing the reason for the removal, as they will not grant
an Order that involves a vindictive desire to interfere with the visitation
rights of the other parent
Questions About Relocation & Custody? Contact a Maitland Divorce Lawyer.
Considering the possible criminal and serious custodial ramifications of
removing the minor child from the state of Florida, it is highly recommended
that you consult with a qualified attorney prior to the taking of any
action on your part.
Contact The Troum Law Firm, P.A. today to get answers to your questions and concerns.