Q: Would all rights to child be forfeited if moving to Canada from USA?
Non-custodial parent with no visitation rights, who actively pays child support and would still pay child support after moving is interested in moving to canada to pursue relationship. If the custodial parent is notified, would his current rights and future rights of custody be null and void if he moves to canada? They live in Florida.
Edit: he currently has no visitation rights
A: In Florida, all of each parent's rights and responsibilities remains the same no matter where they move unless they return to court to ask for a modification.
Bruce Alexander Minnick agrees with this answer
A: No. In general one does not have to exercise visitation in order to have the right to visitation (it's called "time-sharing" in Florida). However at some point the custodial parent might possibly go back to court and claim that the non-custodial parent no longer has a meaningful relationship with the child and therefore the visitation should be further limited. But there is nothing which prohibits the non-custodial parent from moving to a foreign country, as long as it doesn't affect the custodial parent's rights.
Bruce Alexander Minnick agrees with this answer
A: Both answers previously posted by the Mr. Lieber and Mr. Thorgaard are correct--as far as the law is concerned. However, because child custody, visitation and time-sharing are fraught with emotional issues as well as legal, I will only add this general caveat: Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, we are constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine with certainty on your current dilemma. The only way you can be 100% sure is to do what you plan and wait for whatever happens; or not wait?
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