Can a mother move out of the state of florida with her daughter legally?
if she receives child support from the father but has no custodial agreement ? Does it make any difference legal wise, if there has been domestic violence history on record ? And last but ot least, in this situation is it easier for the mother to keep the child in her long-term custody by informing the father or by not informing him ?
There is no custody agreement b/c he was recently put on child support. We did not have to go through the courts. And also I am not moving to keep her from the father ... I am wanting to move b/c my entire family & school opportunities are in the other state. He will fight me with leaving of course he IS the father. But, I feel I have every right to move on with my life. I dont feel I should be trapped somewhere b/c I gave birth to a child in a certain state, with a certain man. Thats ridiculous.
- pragmatism_rulesLv 71 decade agoFavorite Answer
A biggy is were you married to him? If you were married to him, the courts are more likely to tie you to his geographic location, but if you were not married, you are likely free to go (just run it past your lawyer first). But if you have documented (police involvement and he has been charged/convicted) evidence of domestic abuse and you bring that to the judge, I expect you will find that the judge will let you move.
Now as for some of the father's rights groups here...they will be quick to tell you that married or not, a father has the same rights as you do in the United States but that is not true. He only has equal rights if he was married to you. Also, if he has been beating you, he shouldn't be able to hold on to you for the next 18 years...that is just plain wrong. Yes, equal access is important (when viable) but so is the safety of the mother of the child.
Consult your lawyer BEFORE you do anything!
- 1 decade ago
I'm not sure I understand your question. Does the mother have legal custody of the child or does the father share custody? That is the first question that needs answering. If the father does have at least partial custody, the child can not be taken outside the state, or in some cases, even outside the general area, without the father's permission. Histories of domestic violence are irrelevant, unless it was against the child, but that would be classified as child abuse, and would have had his visitation rights limited by the judge.
Unless the court orders differently, the mother can not keep the child in her long-term care, regardless if she notifies the father or not. If she were to do something like that, she could be charged with kidnapping and lose her visitation rights altogether.
I would contact a family law attorney if there is a need (such as a change in job, new marriage, etc) that might give extenuating circumstances.
- Cabbie LoverLv 71 decade ago
Don't they set the custody agreement and visitation agreement along with the child support order? In most states they do the custody and visitation first, then use those numbers to calculate child support. You probably do have an agreement somewhere.
You cannot move a child away from the other parent without notice or permission, depending on what the agreement says. Even with full legal and full physical custody, the other parent has to have notice and/or give permission. If they do not and you still want to move, you'll have to go to court to get permission.
This is what Divorce Net says:
A child typically cannot be removed from his state of domicile or residence without the prior approval of the court or judge who awarded custody. If the custodial parent moves the domicile of the minor child out of state against the wishes of the non-custodial parent and without the permission of the court, then the court may sanction orders of contempt. An order to permit a parent to move a child from the state is often required before a move can occur, especially in contested relocation or move-away cases. The relocation or move-away order may be entered either by consent of both parties or by the court after a hearing.
Often court orders will include a change of domicile provision stating that the custodial parent shall not remove the minor child from the state without prior approval of the court. The reason for this provision is to protect the non-custodial parent’s rights to visitation and to ensure that a custodial parent’s move out of state is legitimate and is not being done to frustrate or deny the non-custodial parent’s access to the minor child.
If the parties mutually agree to a change of domicile and sign a written agreement (known as a stipulation and consent agreement), it may be entered as an order if approved by the court.
On the other hand, if the parties cannot mutually agree on a change of domicile, they may proceed in several ways. A parent may contact the other party to reach a consensus, may attempt to resolve the matter in mediation or in another form of alternative dispute resolution, or may choose to file a petition for a court to consider the matter.
If you have questions or find yourself in a situation where the custodial parent wishes to take your child out of state against your wishes or against a court order, you would be wise to consult an attorney in your jurisdiction to help you learn where you stand legally and what your options are.
- Beverly MorganLv 41 decade ago
If there is no court ordered custodial situation then there is no law preventing her from moving out of state. I am a bit surprised that there is child support with no custodial agreement; is he paying voluntarily outside of a court order?
However, if she moves out of the state without informing the father, she could be exposed to a complaint of parental abduction. Remember that the courts look at anything that is done 'secretly' with great suspicion. The fact that he is paying support will strengthen his claim that he should have some contact and make the secretive move look even worse for her.
The history of domestic violence could influence a custodial decision, but it does not give the mother a justification to simply move out of the state without informing the father. She should consult with a Family Law attorney and discuss this entire issue before making a decision.
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- 1 decade ago
There is a lot of factors that can come into play with this. If you have been married, which it doesn't seem like that's the case because most divorce cases are fallowed by custody hearings. If I would you i would get custody agreements underway. From my experience you are allowed to take your child across state lines if you have legal and physical custody. If you don't know what kind of custody that you have than you really really need to go and speak with the courts. To make it safe i would contact the father. If he says that you are not allowed you could always go to your local police station and explain your situation to them and ask them if you are allowed to take the child or not. With out knowing more info it is kind of hard to tell you if you are allowed to do this or not.
- eskerLv 44 years ago
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- AtavacronLv 51 decade ago
1.) He can contest your leaving if he chooses and there doesn't have to be an agreement in place.
2.) Domestic violence history is irrelevant unless that's had some bearing on how he could see your kid....if his rights were restricted or stripped. It doesn't really have any bearing on whether or not you can leave the state.
3) If you don't inform him, leave, and he finds out, you can be charged with kidnapping.
- ScooterLv 41 decade ago
According to the law you could be charged with a felony, for unlawfully transporting your child across state lines without the permission of the father. The past really has no impact on this situation (even though it sounds horrible). I can't answer your last question.
- Anonymous1 decade ago
If the father has a problem with it, then the answer is no. If the father says okay, get that in writing, because he has every right to take you to court to prevent the move of his child from moving.
personal experience in Florida.
- madcatLv 51 decade ago
the child is just as much the father's as it is the mothers. And no I think you could not move out, unless an agreement.
And my question is why would you want to move a child away from their father, when you should be encouraging the relationship?