Asked in Family Law for Florida

Q: How do I handle moving my and my son out of state?

I want to move out of state with my son. I was never married to his father. He has only just recently started visits with him, he is 3 years old, per mediation. My son’s father was absent by his choice for the last year or more and was only present sporadically before that. The current visits are supervised for one hour per day, 2 days a week due to the negligent care he provided when he did see him previous to his being MIA. He has no established custody or paternity other than being listed on the birth certificate. I am not trying to keep my son from his father, just trying to move on with my life. The reason for the move is to be with my fiancé who is in the military and he is being assigned there. Am I required to file a request to relocate? How do I handle this move?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Yes, you should file a motion with the court.

B. Elaine Jones
B. Elaine Jones

A: Yes you will have to comply with Florida's relocation statute. This requires you to get the consent of the father or get permission from the Court for you to relocate. This is not something you should try on your own. Contact a family law attorney near you and have a consultation. Most JUSTIA attorneys offer a free initial consultation. Contact one of us today and let us know you found us on JUSTIA. Good luck.


B. Elaine Jones, Esq.

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