Winter Park, FL asked in Family Law and Child Custody for Florida

Q: I want to relocate out of state. I’m in FL with no legal custody agreement in place but he is involved voluntarily.

I am in a non ideal living situation due to the cost of living in the area. I cannot afford housing that would be suitable for myself and my two children. Moving would grant them and myself a better home setup (my job would follow). We have no legal custody agreement in place but he gets regular visitation and pays a small amount of child support monthly. Do I need to file a relocation petition despite no court order? Can he retaliate if we relocate without a petition or formal permission?

Related Topics:
2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: If you have never been to court for paternity, including child support, then you have full control over relocation. However, since the children have been continuous residents of Florida for the past six months, if you move and the the father immediately goes to court, he could attempt to force you to move back based on the UCCJEA (law on jurisdiction for children). You should either consult with a local attorney or try to speak with the father about what you want to do. You are probably asking for trouble if you just move without telling the father.

Terrence H Thorgaard agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: As Mr. Lieber indicates, the Uniform Child Custody Jurisdiction and Enforcement Act (the law in just about every state) applies. The father could sue you in the Florida Courts until the children have been in the other state for at least six months. Neither of you could instead bring suit in the other state until the six months have transpired.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.