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, this includes:

  • 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.