Can a Parent Move Children Out of Florida Without the Other Parent’s Permission?
QUESTION:
I am the father of children who currently live with their mother in Fort Lauderdale. We separated approximately eight months ago, but we have not filed a court case or obtained a custody, timesharing, or parenting-plan order. The children have remained primarily with their mother.
The mother has told me that she plans to move with the children to Georgia next month. Can she legally relocate the children out of Florida without my consent when there is no existing court order, and what steps can I take to protect my parental rights?
ANSWER:
Because there is no existing court order, the answer depends heavily on whether you have legally established paternity; not simply whether you are the biological father or have been involved in the children’s lives. Under current Florida law, an unmarried father who has established paternity may be a natural guardian with parental rights, so an out-of-state move should be addressed through a formal parenting-plan and relocation proceeding rather than handled unilaterally. If paternity has not been legally established, the mother may have primary residential care and custody unless and until a court orders otherwise.
In either case, do not wait: promptly consult a Florida family-law attorney and consider filing a paternity/parenting-plan action with a request for temporary relief before the proposed move, so the court can address time-sharing, decision-making, and whether the relocation serves the children’s best interests.