When parents are not divorced yet, can one parent move with the children out of Florida?

The issue is that depends and also probably beckons the question, “Should you even if you could?” The law of Florida is clear that once some kind of family law matter has been filed, whether it be a paternity case, a divorce case, whatever kind of action it may be, then the relocation statute comes into play. Pursuant to the relocation statute, the spouse wishing to move with the children outside the state of Florida has to follow a certain pattern of behavior, file certain documents, obtain court permission to do so.

That begs the question, however, of, “What do you do, or can you do that, rather, in the event that you don’t have a family law action pending in the state of Florida?” Technically, under the relocation statute, you could, but I would still advise you not to do so because there are other statutes that would permit the stay-behind spouse to file and motion with the court, requesting with court order the children to be returned to Florida.

Again, the question is, depends on whether a family law action has been filed, but nevertheless you probably shouldn’t anyway.

Board Certified Marital and Family Law Attorney Charles D. Jamieson understands that divorce is an extremely sensitive and important issue. Thanks to extensive experience and a focus on open communication, Attorney Jamieson adeptly addresses the complex issues surrounding divorce while delivering excellent personal service. To discuss the options for marital dissolution, please contact The Law Firm of Charles D. Jamieson, P.A. online or call 561-478-0312.