If I have a Florida custody order can I move out of state or relocate with my kids Miami lawyer
Can I move out of state with my kids hi i’m nydia streets a child custody lawyer with vari and associates of miami the right to move around with your children is restricted by the florida statutes once there is a custody order in place the reason for that is courts don’t want necessarily one parent having the power just to move a child out of state so that the other parent can’t contact that child when there’s a custody order in place so.
You may move out of state with your children if there is a custody order in place as long as you have either one the written permission of the other parent or two a court order if you do not have the permission of the other parent to move out of state you must file what’s called a petition for relocation in which you ask the court to allow you to move out of state or under the florida statutes that petition must be filed even if you’re not moving out of state if you are going to relocate more than fifty miles from your current.
Residence in your petition you must show a compelling reason why you should be allowed to move out of state for example if you have a job better job opportunity in another state you have a good support system in another state with your family there those may be valid reasons for you to move out of state however you must seek a court order or the other parents permission to do so also you must show how the relocation will be in the best interest of the children and will not affect negatively affect or impact their relationship those children.
Have with the other parent so the short answer is yes you may move out of state but you must have permission or court order and if u are you know if you have a job offer that pending that you need an answer immediately you need to seek uh. help right away to put the right petitions in place for you to do so i’m nydia streets a child custody lawyer with vari and associates thank you for watching.
Child custody arrangements when parents live in different states
The most important factor is what is the child’s home state the home state is defined by the uniform child custody jurisdiction enforcement act as the child’s residence for the prior six months if the child has not resided in any jurisdiction for the prior six months the next inquiry is to determine what state has been the child’s most significant contact if the court cannot.
Determine the significant contacts then there will be a factual inquiry like all laws in the state of California there are exceptions to the UCCJEA and that is that the court can exercise jurisdiction in the case of emergencies such as domestic violence or child abuse.