When Can I Legally Move Out of State With My Children Without Court or Other Parent Permission?

Florida law is strict about requiring court permission to relocate with your children during or after a divorce if the other parent doesn’t agree to the move. This type of court permission can sometimes be difficult to get, particularly if the other parent lives locally and is involved in the children’s day-to-day lives.

But what if you are still married and neither parent has filed for divorce. Do you need court permission to move with your children if the other parent objects? In many cases, there may be no legal restraint to moving out of state with your children before either parent files for divorce if there are no prior court orders establishing or modifying timesharing.

Don’t think, however, that this will permanently separate your children from the other parent. Unless you prove to a court that timesharing with the other parent is not in the children’s best interests, the parent left behind will likely be granted timesharing. For example, after your move, the parent remaining in Florida may file for divorce and be entitled to timesharing, even though the children are no longer living in Florida. If you file for divorce in your new state of residence, that court may determine visitation rights.

If you are planning such a move with your children, a consultation with an experienced family law attorney is highly advisable to review your legal options and the possible legal consequences of removing your children from the state without permission of the other parent.

Though it may seem like an easy, short-term solution to certain relationship problems, the long-term effects could be a hardship on you and your children.

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