Moving and Child Custody
The issues concerning whether a person can remove a child from the State of Florida can be very complex. Prior to the filing of a proceeding in which custody of a minor child is an issue, the removal of a child, with the criminal intent to conceal the child from the other parent, on a permanent basis, can be a violation of both state and federal criminal laws. The act of moving the children from the State of Florida could also adversely affect your position in a future custody hearing. If the State of Florida has jurisdiction over the children, the Court is not going to pleased that the children were removed from their jurisdiction.
Wrongfully Removing a Child from Florida
After a parent wrongfully removes a child from the state, the Court has the authority to enter an emergency writ allowing the petitioning parent to have the children returned to Florida. This writ will normally be enforced by all other States and the children will be returned to the petitioning parent and the jurisdiction of the Court.
Criminality of Concealing the Location of a Minor
During the pendency of a proceeding affecting the custody of a minor, it is unlawful for any person, with the requisite criminal intent, to remove a minor child from the State of Florida, or to try to conceal the location of a minor, if that person has received notice of the pendency of the proceeding. The minor may only be removed from the State of Florida with the permission of the Court before whom the proceeding is pending. Any person who is convicted of a violation of this type is guilty of a felony, punishable by up to five (5) years in prison.
Once the proceeding is over and a primary residential parent has been established, it is possible for the primary residential parent to remove the child from the State of Florida. The Final Judgment entered by the Court should have a provision dealing with the removal of the minor children from the State. If the Final Judgment is silent on this issue, the primary residential parent may petition the Court for an Order allowing the parent and the minor child to move from the State. The Court will not allow the children to be moved if the reason for the removal is the vindictive desire to interfere with the visitation rights of the other parent.
Contact a Child Custody Attorney in Orlando
Considering the possible criminal and serious custodial ramifications of removing the minor child from the State of Florida it is highly recommended that you consult with a qualified attorney prior to taking of any action on your part. Contact a child custody attorney in Orlando to learn more about moving a child out of Florida.