Q: Can my ex wife move from her residence taking our daughter without telling me?
I do not believe she moved out of state . I do not know where they are, I've asked to see our daughter but they come up with an excuse for me not to show up at the residence. They don't know that I know they moved. They keep lying to me. The ex wife has our daughter lying to me about where they are.
A:
According to Florida statutes, a parent cannot relocate more than 50 miles from their current residence for more than 60 consecutive days without the consent of the other parent or a court order. This applies to moves within the state as well as out of state. For the parent wishing to move, there is a legal obligation to file a Petition to Relocate with the court and serve it on the other parent, providing detailed information about the intended new residence, the reason for the move, a proposed visitation schedule, and how transportation costs will be covered
Given your situation, where your ex-wife has moved and is not informing you of her and your daughter's whereabouts, this likely violates Florida's legal requirements on parental relocation, assuming there isn't a mutual agreement or prior court approval for such a move. Your immediate course of action should be to file a motion or petition with the family court seeking a return of the child to the jurisdiction of the court or to enforce your visitation rights. The court may issue a pick-up order based on the petition, especially if it finds that the relocation was unauthorized.
Document all communications with your ex-wife regarding your attempts to see your daughter and any responses or excuses provided. This documentation can support your case in court. Consult with a family law attorney to understand your rights and the steps to ensure they are enforced.
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